Understanding the termination and acquisition of parental rights and responsibilities in South Africa
A parent may either have full or specific parental responsibilities and rights in respect of a minor child. The responsibilities…
Balancing Children’s Best Interests in Acrimonious Court Battles
On 02 August 2024, the High Court of the Western Cape of South Africa delivered a significant judgment involving disputes…
Can I withhold maintenance if I’m denied contact with my child? Understanding your rights and remedies
In many cases, disputes arise when one parent withholds contact between the minor children and the other parent. The natural…
Yes, we are! No, we’re not! Customary Marriages under the spotlight
A recent case, Mashisane v Mhlauli which was moved up to the Supreme Court of Appeal, shed light on the…
Understanding the Divorce Amendment Act, 2024: What It Means for Muslim Marriages
The Divorce Amendment Act, 2024, is a significant piece of legislation in South Africa that brings much-needed clarity and protection…
Understanding customary marriage in South African law
The Recognition of Customary Marriages Act (RCMA) of 1998 represents a significant step in formalising customary marriages in South Africa,…
Shared Lives, Separate Laws: Understanding Cohabitation Without an Agreement
Cohabitation relationships refer to the act of living together with someone in an intimate and committed relationship without being married…
Customary Law in South Africa: Are you really married?
Understanding Marriage Recognition South Africa's rich cultural diversity influences our legal system, particularly in recognising marriages. Customary law plays a…
Radio Interview: How is the amount for child maintenance calculated? Part 2
Part 2: Clement Manyathela speaks to Isabel van den Ende, Senior Associate in the Family Law Department at Barnard, about…