Maintenance of an adult child
In terms of section 18(2)(d) of the Children’s Act 38 of 2005, parents have a responsibility to contribute to the maintenance of their children, however, the duty to maintain extends beyond this section. Section 6(1)(a) of the Divorce Act 70 of 1979 provides that a decree of divorce shall not be granted until the court […]
The full accrual of an estate during a divorce
In the case of CM v EM it was held in the Supreme Court of Appeal of South Africa (“SCA”), case number 10861/2018, that: “The value of the Respondent’s right to future annuity payments in respect of Personal Portfolio Living Annuities (“the living annuities”) from Glacier Financial Solutions (Pty) Ltd, a member of the Sanlam Group, is […]
The difficulty of choosing a guardian
No parent wants to think about giving their child over to someone else. The idea itself is enough to send many into full Liam Neeson Taken mode, refusing even the idea of their child being taken away from them to find a hold in their minds. But what is it’s not your child that is […]
“My house, my rules” – No more
The ruling stems from a South Gauteng High Court matter where the Court ruled, in October 2017, that the common law defence of “reasonable and moderate chastisement” was unconstitutional. In this case, a devout Muslim father had severely beaten his 13-year-old son because he found pornography on his iPad, and argued that he was entitled […]