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Category

//Family Law

A Valentine’s Day Thought for Life Partners: What is a “Universal Partnership”?

29 Jan 2024
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“Marriage is the chief cause of divorce” (Groucho Marx) This Valentine’s Day, think about the legal aspects of your romantic relationship. They’re a lot less exciting than the traditional declarations of love backed up by chocolates and flowers, but they’re just as important in...

How Does the New Divorce Act Ruling Affect You?

26 Oct 2023
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Media reports of the recent Constitutional Court decision holding a section of the Divorce Act unconstitutional and giving Parliament 24 months to remedy that haven’t always been clear about who needs to be aware of this, and who doesn’t. Firstly, understand the three “marital...

Dementia: Understanding Your Legal Options

26 Sep 2023
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“Dementia is the plague of our time, the disease of the century” (Unattributed) Dementia is a widespread medical condition that affects people of all ages but particularly the elderly, and includes conditions like Alzheimer’s. One of the most significant challenges of...

Divorce: What is Forfeiture of Benefits and When is it Ordered?

26 Jul 2023
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“So often, a party in a divorce is so aggrieved and upset by their spouse’s behaviour during the marriage, and rightfully so, that they cannot fathom having to give up an asset or let their spouse benefit in any way, upon divorce. We have had numerous spouses wanting us to...

Maintenance Claims and Life Partners

26 May 2023
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More and more couples are opting to live together as permanent life partners rather than enter into a formal marriage. The risk for such couples is that whilst our law is steadily (if slowly and cautiously) extending many of the protections of formal marriage to unmarried life...

Divorce: Remember to Review Your Will!

24 Apr 2023
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“It has long been a foundational principle of our common law and the legislation that has governed the law of testamentary succession that a will, properly executed, is the document that authoritatively reflects the genuine and voluntary dispositions of a testatrix.” (Extract...

It’s Wedding Season – Three Questions to Ask Before You Marry

26 Oct 2022
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“Marriage is a matter of more worth / Than to be dealt in by attorneyship” (Shakespeare) Wedding Season is well and truly upon us, and if you (or anyone near and dear to you) is busy planning for marriage (note that we are talking “civil marriage” here, “customary marriages” a...

Trusts on Divorce: Are You Stuck with an Ex-Spouse as Trustee?

27 Jun 2022
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“Love is grand. Divorce is a hundred grand.” (Anon) That’s a great scenario whilst the marriage prospers, but what happens on divorce? A recent High Court decision addressed one such scenario – Trusts may be formed for a variety of reasons, and the purpose and structure of each...

New Ruling on Divorce Assets: How Does it Affect You?

26 May 2022
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“…the inequality at hand is caused when, after the conclusion of the marriage, a distortion is caused by the fact that one spouse contributes directly or indirectly to the other’s maintenance or the increase of the other’s estate without any quid pro quo.” (Extract...

What Can You Do When Someone Close to You Has No Control Over Their Spending?

29 Mar 2022
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“A prodigal is a person who, through some defect of character or will, squanders his or her assets with such abandon that he or she threatens to reduce himself or herself and/or her dependents to destitution” (extract from judgment below) What can you do when someone you know...
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