A recent decision by the Gauteng High Court (Johannesburg) has clarified an important aspect of family law: a spouse cannot be compelled to financially support a child born outside the marriage. In this matter, an unemployed husband sought interim relief during divorce proceedings, requesting maintenance of R4 500 per month for his child—who was conceived with another woman while he was still married. He also requested shared control over rental income generated from properti

The Western Cape High Court recently delivered a firm stance on spousal and child maintenance during pending divorce proceedings, highlighting the legal obligations of financially capable spouses. In a judgment handed down by Judge Daniel Thulare, the Court strongly criticized a wealthy husband who argued that his wife should first seek financial assistance from her own parents before approaching him for maintenance. Court’s Position on Maintenance The Court rejected the husb

Divorce in South Africa is governed primarily by the Divorce Act 70 of 1979, which introduced a “no-fault” system centered on the concept of the irretrievable breakdown of the marriage. This article provides a comprehensive overview of uncontested divorce, its legal requirements, process, and its distinction from other forms of divorce, with reference to applicable case law and current developments. 1. The Legal Framework for Divorce in South Africa In South African law, a ma

A recent decision of the Gauteng High Court Full Bench has reaffirmed an important principle in South African law: registered ownership is not always decisive where considerations of fairness and equity arise, particularly in matters involving substantial financial contribution toward a property. As reported by TimesLIVE, the matter concerned Ms Zaiboneza Ahmad, who had entered into an instalment sale agreement for the purchase of immovable property. Having paid the majority

In a significant ruling, the Western Cape High Court has held that a divorced man remains financially responsible for his former spouse’s children, despite not being their biological or adoptive father. Background The parties married in April 2018 out of community of property, subject to the accrual system. The marriage broke down in late 2023, leading to divorce proceedings instituted in early 2024. During the divorce, the wife sought maintenance for herself and her two mino

The Western Cape High Court recently handed down an important judgment highlighting the rights of financially dependent partners following the breakdown of a long-term life partnership. Background The matter concerned a couple who cohabited for nearly three decades. Over the course of their relationship, they built a shared life, raised two children, and functioned in a manner akin to a traditional marriage. The applicant primarily devoted herself to maintaining the household

For many property owners, receiving notice from a bank regarding mortgage bond arrears, repossession proceedings, or a potential sale in execution can be extremely stressful. However, what many homeowners and property investors do not realise is that repossession is not always inevitable. In many cases, there may still be legal options available to negotiate with the bank, challenge the legal process, or explore alternative solutions before a property is sold. Obtaining legal

A recent judgment in the Gauteng High Court has shed light on an issue many divorcing parents face: must parents continue paying maintenance for adult children who move back home and return to studying? The decision, delivered by Judge Elmien du Plessis, arose from an interim maintenance application brought under Rule 43 of the Uniform Rules of Court during divorce proceedings. Background to the Case The wife sought extensive interim financial relief from her estranged husban

The Gauteng Division of the High Court of South Africa has strict procedural rules governing how matters are filed, enrolled and heard. What does this mean for you? It means that litigation today is no longer just about “telling your side of the story.” It is about technical compliance, digital court systems, strict timelines, and precision. And if something is done incorrectly, your matter can be delayed — or even removed from the roll. The High Court Is Now Fully Digital Al

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