Family Law

For decades, South African law used the husband’s legal home at the time of marriage to decide which country’s law governed a couple’s financial and property rights when they had ties to more than one country. A recent Western Cape High Court judgment declared that rule unconstitutional and introduced a gender-neutral framework for deciding which country’s law applies. Courts elsewhere in the country are not bound by the judgment but are likely to follow it.

A dementia diagnosis affects far more than memory. As mental capacity declines, families are often confronted with difficult legal and financial decisions. Many are surprised to learn that a Power of Attorney may no longer be valid. Understanding the alternatives can help protect a loved one’s affairs before a crisis develops. Read on for the low-down.

Couples who sign antenuptial contracts often believe they have permanently settled the question of money in their marriage. What is mine stays mine. What is yours stays yours.
Not so fast. The Constitutional Court recently expanded access to redistribution orders for spouses married out of community of property without accrual, particularly where strict enforcement of an antenuptial contract would produce unfair financial consequences at divorce. A 2025 KwaZulu-Natal High Court judgment shows what the redistribution remedy can deliver in practice.

“For what is wedlock forced but a hell, An age of discord and continual strife?” (William Shakespeare in Henry VI Part I) This article is a balm for anyone unfortunate enough to be stuck in an unhappy marriage full of Shakespeare’s “discord and continual strife”, yet too scared to consider divorce because of the costs.

“A family name holds the music of generations – it’s the first inheritance we receive.” (Attributed to Irish poet-philosopher John O’Donohue) The Constitutional Court has just confirmed (with some significant adjustments) last year’s High Court ruling that both partners in a marriage have equal rights to choose their surname. Previously, a woman – and only

This [the Stalingrad Strategy] is a strategy of wearing down the plaintiff by tenaciously fighting anything the plaintiff presents by whatever means possible and appealing every ruling favourable to the plaintiff. Here, the defendant does not present a meritorious case. This tactic or strategy is named for the Russian city besieged by the Germans in

Divorce is never only a legal process. It is often emotionally taxing, financially disruptive, and practically complex. Even where both spouses agree that the marriage has come to an end, the legal consequences of divorce can extend for years, particularly where children, property, or ongoing financial obligations are involved. This guide explains the legal framework

“Grandparents, like heroes, are as necessary to a child’s growth as vitamins.” (Quoted in the judgment below) One of the greatest tragedies of family fall-outs will always be the effect they have on the children involved. A recent High Court fight over a granny’s attempts to have contact with her two grandchildren in the face