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Wedding Bells? You Can Both Choose Your Own Surnames Now

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“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...

Divorce Lawfare: The Serial Litigant and his Stalingrad Strategy

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“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....

Divorce 101: A Simple Guide to the Legal Side

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“You can’t go back and change the beginning, but you can start where you are and change the ending.” (C.S. Lewis) Divorce is traumatic, to the extent that it’s widely considered to be the second most stressful life event (behind only the death of a spouse, and ahead of...

Good News for Grandma: The Law Wants You to Have Access to Your Grandchildren

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“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...

How to Avoid Fighting Over the House – A Guide for Life Partners

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“An ounce of prevention is worth a pound of bandages and adhesive tape.” (Groucho Marx) It’s a perennial topic of dispute in our courts. A couple lives together, sharing the same roof and everything else in perfect happiness and harmony.  Until it all goes south. Then the...

A New School Year Dawns – Can Unpaid Fees Bar Your Child From Enrolling?

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“I have never let my schooling interfere with my education.” (Mark Twain) Our Constitution guarantees everyone rights to education, but that doesn’t mean parents can necessarily pick and choose which schools they send their children to. Nor does it mean that they can expect...

This Wedding Season: What’s in a Surname?

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“That which we call a rose, by any other name would smell as sweet.” (Shakespeare, in Romeo and Juliet) Your wedding to-do list will be a long one, and getting all the “boring legal bits” in order before you marry may not seem like a huge priority. But it is. Choices you make now...

Divorce and the New Three-Pot System: Another Risk To Manage

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“Divorce is the one human tragedy that reduces everything to cash.” (Rita Mae Brown) How will the new “Three-Pot Retirement System” (often referred to as a “Two-Pot System”) affect financial arrangements on divorce? Retirement savings can amount to a significant portion of a...

Divorce Diaries: Anti-Dissipation Orders in Action

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“Love is grand. Divorce is a hundred grand.” (Anon) In the boiler room that is the divorce court, it’s common to hear accusations and counter-accusations of one spouse disposing of or concealing marital assets to hide them from the other spouse. The good news is that our law...

Siblings Feuding Over a Business: Can You Get a Domestic Violence Protection Order?

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“It is the purpose of this Act to afford the victims of domestic violence the maximum protection from domestic abuse that the law can provide” (Domestic Violence Act) When sibling rivalry escalates into physical or psychological abuse, victims should take advantage of the very...

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