A South African mother legally residing in the United Kingdom has secured a decisive victory in the Western Cape High Court after a holiday visit to Cape Town escalated into an international child custody dispute. The matter involved two minor children, aged seven and three, who were born and raised in the UK. Their mother, a qualified tax administrator, is their primary caregiver and financial provider. During a visit to South Africa, the father of the younger child refused

Divorce can have serious financial consequences, especially when it comes to property regimes. Whether you are married in community of property , out of community with accrual , or out of community without accrual , South African courts are increasingly focused on fairness and financial justice when dividing assets at divorce. Recent legal developments confirm that courts may look beyond strict contracts where one spouse would be left financially vulnerable. Understanding you

Disputes involving children are among the most sensitive matters in family law. South African courts have made it clear that when parents separate or divorce, decisions about care and contact must always prioritise the best interests of the child, not the preferences or conflicts of the parents. The law encourages parents to resolve custody issues by agreeing on a parenting plan. A parenting plan records where a child will live, how contact with each parent will take place, a

The Nedbank recently suffered a setback in the Western Cape High Court, where the court dismissed applications for default judgment in four separate matters involving vehicle finance arrears. In each case, the bank sought to recover outstanding amounts from vehicle owners after summonses were served by being affixed to doors or gates at the defendants’ chosen domicilium addresses. However, the court held that this manner of service does not meet the legal requirements set out

Relocating with a minor child after separation or divorce is one of the most emotionally difficult and legally complex decisions a parent can face. Whether the move is to another province or outside South Africa, relocation can significantly affect a child’s stability and their relationship with the other parent. Many parents only discover the legal consequences after conflict has already escalated — often at great emotional and financial cost. South African law does not gran

The Gauteng High Court (Pretoria) has reaffirmed the legal status of customary marriages in South Africa, ruling that a customary marriage concluded in 2002 was valid and that a subsequent civil marriage entered into without consent was unlawful and void. The judgment highlights the protection afforded to spouses in customary marriages under the Recognition of Customary Marriages Act 120 of 1998 and confirms that failure to register such a marriage does not affect its validit

Infidelity can have serious financial consequences in divorce proceedings, particularly where the parties are married in community of property. In a recent judgment delivered by the Gauteng High Court (Johannesburg), a wife lost her claim to half of her husband’s R2.3 million pension fund benefit after the court found that her conduct amounted to substantial misconduct. Background: Divorce and Pension Forfeiture Dispute According to reports in the Cape Times , the parties wer

The Gauteng High Court (Pretoria) has ruled that a husband’s sustained and severe abuse of his wife throughout their marriage constituted substantial misconduct, justifying the forfeiture of all financial benefits arising from the marriage, including the family home. The judgment underscores that South African courts will not allow a spouse to benefit financially from a marriage where their conduct has been violent, abusive, and exploitative. Background to the Divorce Proceed

Motorists convicted of driving under the influence of alcohol may soon face far harsher consequences, including a lifetime ban from holding a driving licence, following proposals by Parliament’s Portfolio Committee on Transport. The proposed sanctions come in response to the release of the 2025/26 festive season road safety statistics, which have prompted renewed calls for urgent legislative intervention to address South Africa’s persistently high rate of road fatalities. Imp

At Rudolf Buys & Associates Attorneys , we assist parents who need court approval to relocate with their children, whether within South Africa or abroad. If the other parent does not consent, the law requires a formal relocation application. This ensures that the move is lawful, protects your parental rights, and—most importantly—serves the best interests of the child. Relocation matters are often urgent and emotionally difficult. Our experienced family law team helps you pre

VVC v JRM and Others [2026] ZACC 2 On 21 January 2026, the Constitutional Court delivered an important family law judgment clarifying the legal consequences of customary marriages, antenuptial contracts, and matrimonial property regimes in South Africa. The decision has significant implications for couples married under customary law, particularly where a civil marriage is later concluded between the same spouses, and where divorce or property division becomes an issue. Backg

At Rudolf Buys & Associates Attorneys , we help spouses apply for Rule 43 interim maintenance – a legal process that ensures you can get financial support while your divorce or family law matter is ongoing. Many people don’t realize that you don’t have to wait for the final divorce order to receive maintenance. Rule 43 allows the court to grant immediate financial relief, helping cover living costs, school fees, or household expenses while the legal process continues. RBA att

Divorce is emotionally exhausting — but the legal consequences can be devastating if you don’t protect yourself early. A recent Supreme Court of Appeal (SCA) judgment shows just how quickly a divorcing spouse can lose their home if they misunderstand their rights. If you are going through a divorce or considering separation, this case highlights why getting legal advice early is critical. The Case: Wife Evicted After Husband Sold the Family Home A woman in the middle of a lon

The long-running divorce dispute between international DJ Black Coffee and actress Enhle Mbali Mlotshwa is heading to the Supreme Court of Appeal (SCA), following a ruling by the Gauteng High Court in Johannesburg granting leave to appeal. At the centre of the dispute is whether the pair entered into a valid customary marriage in May 2011. In October last year, Acting Judge M Ntanga ruled that Black Coffee and Mlotshwa were indeed married under customary law, and that the mar

As the festive season approaches and roadblocks increase across South Africa, many motorists wonder whether they are legally obliged to pay outstanding traffic fines on the spot. According to a recent article in SowetanLIVE, the answer is clear: you don’t. Legal Experts Say Drivers Can Refuse On-the-Spot Payments Legal professionals remind drivers that a roadblock — even an official one — is not  license for officers to demand payment for outstanding fines. As noted in Soweta

Many South Africans turn to debt review as a lifeline when they can no longer keep up with their monthly credit repayments. The process is meant to protect consumers from losing their homes and other assets — but does it always succeed? And can a bank still take your house while you’re under debt review? Understanding Debt Review Debt review is a legal process introduced under the National Credit Act (NCA) to assist over-indebted consumers. Once a person applies through a reg

In a significant judgment reaffirming fairness and equality in matrimonial disputes, the Gauteng High Court (Pretoria) ordered a wealthy husband to contribute R1.5 million towards his wife’s legal fees in their ongoing divorce proceedings. The matter highlights the principle that, in divorce actions, a financially disadvantaged spouse should not be left at a severe disadvantage when litigating against a partner with substantially greater means. The Background The wife approac

The Supreme Court of Appeal (SCA) has once again confirmed that unmarried partners may share in assets accumulated during their relationship, provided that a universal partnership  can be proven. This significant ruling reinforces the principle that cohabiting relationships — even without the formalities of marriage — can give rise to enforceable financial rights between partners. According to The Star , the case concerned a woman (“S”) who lived with her partner (“P”) for 16

Divorce is never easy — emotionally, financially, or legally. But a recent ruling by the Mpumalanga High Court (Mbombela)  has given many South Africans hope that fairness still matters when a marriage ends. The court’s decision allows a woman, married out of community of property without accrual , to claim a share of her husband’s estate — a move that could reshape divorce law in South Africa. A Landmark Shift in the Law For decades, many spouses — mostly women — who support