While facing a divorce, are you focusing on the best interests of children? The Children’s Act 38 of 2005 (hereinafter “the Act), states that both parents have parental responsibilities and rights towards their children. The focus should be on the child’s right to parental care and not parental powers. It is sad to see when…
Why consider mediation in your divorce matter The South African court system is a very acrimonious system and when you are involved in a litigation process, the end result is to come out as the winner or loser. Unfortunately, in divorce matters, there are no winners. When dealing with a divorce, the parties, and sometimes…
A parenting plan must comply with the best interests of the child standard as set out in Section 7 of the Children’s Act 38 of 2005. The following are some of the factors that must be taken into consideration when considering the best interest of the child: a) The nature of the…
It is now required by Rule 41A of the Superior Court Practice that in every new action or application proceeding, the plaintiff or applicant shall, together with the summons or Combined Summons or Notice of Motion, serve on each Defendant or Respondent a notice indicating whether such Plaintiff or Applicant agrees to or opposes referral…
A legal marriage might be seen for some as only a piece of paper, but it is a very important piece of paper. When living together, you have no rights against each other. You have no right to lay a claim to anything while living together. The South African law does not recognize living together.…
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Section 7 (1) of the Children’s Act 38 of 2005 (hereinafter “the Act”) states that whenever a provision of this Act requires the best interests of the child standard to be applied, the following factors must be taken into consideration where relevant, namely: (a) The nature of the personal relations hip between – (i) The…
Section 129 of the National Credit Act 34 of 2005 When you are 20 business days or more in default with your payments in terms of a credit agreement, you will be advised of your default by way of a Notice in terms of Section 129 (hereinafter “the notice”) of the National Credit Act (hereinafter…
Consumer’s right to a Cooling off period after direct marketing and rights to return the goods in terms of Sections 16(3), 16(4) and Section 20(2) of the Consumer Protection Act 68 of 2008 Section 16 (3) states that: “A consumer may rescind a transaction resulting from any direct marketing without reason or penalty, by notice…
Collection of Arrear School Fees Section 40 of the Schools Act 84 of 1996 (hereinafter “the act”) states that, a parent is liable for the payment of school fees as determined in Section 39 of the Act unless or to the extent that the parent has been exempted from payment in terms of this Act.…