The Constitutional Court has confirmed that a provision of the Divorce Act excluding certain pension interests from redistribution in divorce proceedings is unconstitutional, finding that it unfairly discriminates against women. The ruling concerns section 7(7)(c) of the Divorce Act 70 of 1979 and follows a February 2025 judgment by the Eastern Cape High Court in Gqeberha. The High Court found that the exclusion of pension interests in certain marriages concluded out of commu

A recent Western Cape High Court decision highlights the importance of existing court orders and the limits of seeking further relief during ongoing divorce proceedings. The Western Cape High Court has dismissed an urgent application by a woman seeking R1 million from her estranged husband to cover temporary accommodation while their matrimonial home undergoes renovations. The woman alternatively sought permission to remove furniture and household items from the matrimonial h

Being nominated as the executor of a loved one’s estate may feel like an honour and a sign of trust. However, many people do not realise that accepting the appointment comes with significant legal responsibilities. An executor is responsible for administering a deceased estate in accordance with the law and overseeing the process from the reporting of the estate through to its final distribution to beneficiaries. This can involve dealing with the Master of the High Court, ide

The Gauteng High Court has ordered the suspension of a mother’s parental rights and responsibilities in respect of her young daughter, while the child’s future adoption is being considered. The application was brought by the child’s father, who sought parental rights in respect of the girl, who had been living in his care, together with his family, for as long as she could remember. The father and his wife were also considering adopting the child. In considering the applicati

A Gauteng High Court judgment highlights the importance of full financial disclosure when spouses seek maintenance or contributions towards legal costs during divorce proceedings. Divorce proceedings that began more than a decade ago have resulted in a significant costs order against a husband whom the Gauteng High Court in Johannesburg found had failed to provide sufficient disclosure of his financial circumstances. The parties instituted divorce proceedings in January 2014.

A recent Free State High Court judgment highlights the serious consequences of deliberately failing to comply with a child maintenance order, with a father ordered to serve 60 days’ imprisonment if he failed to comply with his maintenance obligations within 14 days. The Free State High Court in Bloemfontein has once again highlighted that a maintenance order is not merely a financial obligation that can be ignored. Where a person deliberately fails to comply with a court orde

International relocation after separation or divorce is becoming an increasingly important issue in family law. A parent may receive a job opportunity overseas, remarry, or simply believe that relocating will provide a better future for their child. But what happens when the other parent does not agree? A recent Gauteng High Court matter, A.C.J.F v A.C [2026] ZAGPPHC 466, considered the complex consequences of an international child relocation involving South Africa and the U

Life is constantly changing. A child custody arrangement that worked perfectly two or three years ago may no longer suit a family's circumstances today. Children grow older, parents change jobs, families relocate, and unexpected challenges arise. When these changes occur, many parents wonder whether they can legally change an existing custody order. The simple answer is yes, but only under certain circumstances. Understanding Child Custody Orders A child custody order is a le

The Commission for Conciliation, Mediation and Arbitration (CCMA) continues to play an important role in resolving workplace disputes in South Africa. Recent figures released by the Department of Employment and Labour indicate that CCMA interventions helped save more than 47,000 jobs during the past financial year. For employees, the CCMA can provide a forum for resolving disputes involving issues such as unfair dismissal, unfair labour practices, wages and other employment-r

Many of us can remember a time when family disagreements happened behind closed doors. Today, however, major relationship issues often unfold through text messages, social media posts, and WhatsApp chats. In fact, some of the most important evidence in modern family law cases now comes from smartphones rather than witness statements. As technology becomes increasingly woven into our daily lives, it is also changing the way family disputes arise, and how courts resolve them. T

South Africa may soon move closer to allowing affidavits to be commissioned remotely. The Department of Justice and Constitutional Development has published draft regulations proposing changes to the way oaths and affirmations are administered. The proposed regulations would allow for the electronic commissioning of affidavits, including through live audio-visual communication where the deponent and Commissioner of Oaths are not physically together. The draft regulations are

International child relocation disputes are among the most emotionally challenging matters that come before our courts. A recent judgment of the Gauteng Division of the High Court provides an important reminder that, in litigation involving children, timing can be just as important as the legal merits of a case. In A.C.J.F v A.C (2026), the Full Court dismissed an appeal brought by a father who sought to overturn an order allowing the mother to permanently relocate with their

When parties are involved in divorce proceedings, financial arrangements often need to be made before the divorce is finalised. In South Africa, Rule 43 of the Uniform Rules of Court provides a mechanism for a spouse to seek interim relief, including maintenance, a contribution towards legal costs, and arrangements relating to children. A recent judgment of the Western Cape High Court serves as an important reminder that applicants seeking interim maintenance must make full a

For many single parents in South Africa, obtaining a maintenance order is only half the battle. Enforcing that order can become a lengthy, emotionally draining and financially devastating process. Recent reports have once again highlighted the significant challenges faced by caregivers—particularly mothers—who are forced to navigate an overburdened maintenance court system while trying to provide for their children. Maintenance Is a Legal Right, Not a Favour Every child in So

A recent Gauteng High Court judgment has reinforced an important principle in family law: parties seeking interim maintenance during divorce proceedings must make full and honest disclosure of their financial circumstances. The case involved an application for interim maintenance brought by a spouse who claimed to be experiencing financial hardship following the breakdown of her marriage. However, the court dismissed the application after finding that material financial infor

A recent high-profile custody dispute has once again highlighted the serious impact that parental alienation can have on children and families. The matter, which has involved years of litigation across multiple courts, serves as an important reminder that South African family law prioritises the best interests of the child above all else. The dispute centres on allegations that a father deliberately prevented a child from maintaining a meaningful relationship with his mother

International travel with children following a separation can quickly become a complex legal issue, particularly when one parent decides not to return a child to their country of residence as previously agreed. A recent judgment of the Western Cape High Court serves as an important reminder that parents cannot unilaterally relocate children across international borders without proper consent or legal authority. The Background In a matter involving a five-year-old child, the W

When a loved one passes away, families are often unaware of all the assets and benefits that may be available to them. A recent Supreme Court of Appeal (SCA) judgment has confirmed that pension funds cannot simply ignore dependants and pay benefits into an estate without first conducting a proper investigation. In SA Retirement Annuity Fund v Pension Funds Adjudicator and Another (May 2026), the court delivered an important judgment protecting the rights of widows, children,

For many South Africans, a home is more than just a property – it is a family's greatest financial asset. When homeowners fall into arrears on their mortgage bond, banks may approach the courts for an order declaring the property specially executable, ultimately allowing the property to be sold in execution. However, a major legal battle currently unfolding in South Africa has raised important questions about whether homeowners are losing substantial equity when their propert

A high-profile divorce currently before the Gauteng High Court (Johannesburg) has once again highlighted the significant legal consequences of marriages concluded in community of property — particularly regarding pension interests and the division of joint estates. According to reports, the wife of a former state-owned entity executive has instituted divorce proceedings seeking the division of a multimillion-rand joint estate after alleging that the marriage has irretrievably