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Online Divorce
Published on 2012-05-26 00:11:20
That is exactly what more and more South Africans have been doing since the first online DIY Divorce website eDivorce launched. And it costs only about R950, a fraction of what one usually pays for an uncontested divorce. The service makes South Africa’s divorce system more accessible and affordable to the general public. With people struggling to make ends meet in a volatile economic climate an online Divorce website is a definite alternative for spouses seeking an uncontested divorce. > read more
Father, please give me my daily bread – child maintenance
Published on 2012-05-13 00:27:11
It is generally accepted that children with fathers who default on their maintenance payments grow up with a strong sense of resentment and rejection. When a parent fails to pay maintenance for their child, the child ends up feeling depressed, disadvantaged and unloved. The non-payment of maintenance, results in degeneration of the family unit and the children are sometimes driven to a life of crime. > read more
Divorce – What every woman should know
Published on 2012-04-30 01:06:36
Women are mostly in the dark when it comes to the financial affairs of her husband and women are encouraged to gather as much financial information about their husband’s financial affairs before the divorce proceedings commence, to establish the magnitude of the estate. > read more
Watershed Case About Parental Rights and Responsibilities of Children from a Same-Sex Relationship
Published on 2012-04-26 11:23:08
This was an application in terms of Sections 23 and 24 of the Children’s Act 39 of 2005 (“the Act”) and concerned parties that was involved in a same sex relationship for several years. The parties did not register a marriage. During the relationship, a child was conceived by artificial insemination. The relationship between the parties started in May 2005 ended in November 2010. The applicant (not the biological mother) lodged an application to court and requested an order granting her fu [..] > read more
Your job might predict the length of your marriage
Published on 2012-04-22 12:13:31
A recent study by the Florida State University College of Business that questioned 400 working couples on the health of their relationship and how stressful their daily life was found that when work related stress strongly affects a couple, that couple risks a deteriorating relationship unless they are willing to emotionally support each other. When you are still angry or upset from yesterday’s stress, your workday will likely go in only one direction – down. Whenever this type of stress per [..] > read more
Court confirms ex-spouses access to government pension fund in divorce
Published on 2012-04-02 03:00:09
The Constitutional Court on Friday confirmed the declaration by the Western Cape High Court of the constitutional invalidity of the “clean-break” principle of the Government Employees Pension Law. > read more
More children are being raised by single parents than married parents
Published on 2012-03-24 09:43:54
Many of South African children are growing up in dysfunctional families. Millions of children grow up living without one of their parents. The consequences for young people our country’s future entrepreneurs, workers and leaders may be dire. > read more
REASONS WHY A PENSION FUND MAY REJECT A DIVORCE SETTLEMENT AGREEMENT
Published on 2012-03-18 08:16:58
Never rush into a division of retirement savings in a divorce settlement. Judging from recent court cases, you may find that, unless you are very careful, you may not always receive what you expected. > read more
Pension Funds and Divorce: Be careful how you word a settlement agreement in a divorce
Published on 2012-03-17 09:46:49
A recent judgment by Supreme Court of Appeal highlighted the fact that the date on which a member resigns from a pension fund and the date of the divorce directly affect when the non-member spouse may expect to receive his/her pension interest. > read more
Facebook ‘Friend’ Offer Exposes Man’s Other Wife
Published on 2012-03-11 00:29:18
Bigamy is the act of entering into a marriage with one person while still legally married to another. Bigamy is a criminal offense in most western countries, and when it occurs in this context often neither the first nor second spouse is aware of the other. The legal status of the parties is as if they never concluded a marriage, the second marriage is thus void and has no legal consequences and its effect is absolute. It is also unnecessary to obtain a court order, although this may be done for [..] > read more
Social Networks and Divorce
Published on 2012-02-28 12:01:03
When a Facebook affair results in adultery (extramarital sex with a third party that willfully and maliciously interferes with marriage relations which renders the irretrievable breakdown of the marriage relationship) a court may award damages against such a third party. According to South African law adultery conflicts directly with the undertaking of spouses towards one another and towards the outside world to have sexual intercourse only within the marriage. As such our law regards it as a v [..] > read more
Ordering a bride on the internet may be costly
Published on 2012-02-10 22:38:01
At best, marriage can be a bit of a gamble even more so when you are looking for love at a mail-order bride service on the Internet. A mail-order bride is a woman who lists herself in online catalogues and is then selected by a man for marriage. The majority of mail-order brides are mainly from Southeast Asia, countries of the former Soviet Union and from Latin America. Since the collapse of the Soviet Union, large numbers of women from Russia, Belarus, Ukraine and Moldova are looking to marry w [..] > read more
The Top 10 Reasons For Divorce In South Africa
Published on 2012-01-15 08:00:22
Reasons perceived by both men and women as the causes of divorce include loss of love and incompatibility, poor communication, addiction, basic unhappiness, infidelity, emotional problems, conflict over roles, and spouses’ personality traits. The common conclusion to all studies on prevention of relationship breakdown and the causes of divorce is that a constellation of factors, not one, is normally responsible for the breakdown of a marriage relationship. > read more
Christianity and Divorce – Survey shows Christians divorce more than atheists and agnostics
Published on 2012-01-08 05:50:15
The survey found that divorce rates were lower for people who described themselves as atheist or agnostic. The study results indicate that having religious faith does not safeguard believers from the stresses on a marriage that can led to divorce. It is alarming to discover that born again Christians are more likely than others to experience a divorce. > read more
Divorce Season
Published on 2012-01-07 08:08:48
The distribution of couples divorcing by population group shows that the highest proportion of divorces between 2001 and 2007 came from the white population group followed by the black African population group. In 2001, 43,2% of the divorcees were from the white population group whereas 23,1% came from the African black group. However, from 2008 to 2010, the pattern changed. The black African population exhibited the highest proportion of divorces followed by the white population g [..] > read more
Hacking a mobile phone until death do us part
Published on 2011-12-13 08:30:19
Paul McCartney, Scarlett Johannsen, Sienna Miller, Jude Law, Mila Kunis, Christina Aguilera, Miley Cyrus and Hugh Grant are just a few high-profile celebrities who’ve had their mobile phones hacked. A host of celebrities have been giving evidence to the Leveson inquiry in the UK about the fact that the media hacked into their private lives. Sir Paul McCartney, the former Beatle believed that journalists from several different newspapers have listened into his phone calls and messages. > read more
Same-Sex partners not in a Civil Union – Do they automatically acquire parental rights to children?
Published on 2011-12-09 08:55:50
Our Children’s Act does not provide an applicant in this position with parental responsibilities and rights automatically. Such parental responsibilities and rights are, however, granted automatically to the mother who is biologically linked to the child as well as to a father who was married (or even unmarried) to the mother at the time if he is biologically linked to the child. If the biological mother and father were in a permanent life partnership at the time of the birth of their child, [..] > read more
A Court can enforce the implementation of Parenting Plan
Published on 2011-12-04 23:43:33
In the case of MM v AV 2011 ZAWCHC 425, the mother of a child adopted the stance that she did not wish to co-parent their minor child with the father. In the past however she did facilitate the father’s involvement in the child’’s life to a significant degree since the time of his birth. [...] > read more
Consent from both Parents needed regarding a change of schools
Published on 2011-12-04 01:54:32
The case of Nel v Nel [2011] ZAWCHC 113 dealt with the fact that both parents need to consult each other when a child’s school is being changed. In this matter the mother decided to put the children in a new school without consulting the father. The Applicant and the Respondent was embroiled in divorce [...] > read more
Nasty or Nice. What Kind of Divorce Attorney Do You Need?
Published on 2011-12-03 03:04:18
Fact is, the "nasty" approach is what drives up legal bills (on both sides) and it creates so much adversity that co-parenting becomes nearly impossible in future. Furthermore, your attorney's job is negotiating, for you, with "the other side." If your attorney can't even treat you well, chances are s/he doesn't have the skills and talent a negotiator needs to succeed. Such an attorney is probably more comfortable in an adversarial courtroom setting and that means huge legal bills for you. Keep [..] > read more
Relocation of a Child – A court is not bound by the recommendations of the Family Advocate
Published on 2011-12-03 01:39:19
In a recent matter before the South Gauteng High Court, the mother of a child approached the High court to grant its consent for her to leave the Republic of South Africa after her former spouse and the father of the child refused to grant his consent to remove the child from the Republic of South Africa and to reside permanently in France with the mother and her new husband. The report and recommendations of the Family Advocate and those made by a family counselor that it would not be in the be [..] > read more
International abduction of minor children a South African Law Perspective
Published on 2011-06-26 03:46:34
Article 3(b) of the Hague Convention on the Civil Aspects of International Child Abduction (1980), which is incorporated into South African law by the Hague Convention on the Civil Aspects of International Child Abduction Act 72 of 1996 (the Act), pr > read more
Top South African Divorce Attorney shares information on Antenuptial Agreements or Prenup Agreements
Published on 2011-06-25 07:05:29
We tapped the brain of Bertus Preller one of Cape Town’s best divorce and family law attorneys on Antenuptial or Prenup Agreements. Bertus Preller is based in Cape Town and has more than 20 years experience in most sectors of the law. He specialize > read more
The Effects of Divorce on Children
Published on 2011-06-23 14:38:46
As a family law attorney I am involved on a daily basis in stories about divorce or care and contact issues between parents and children and many times I see how the loss of a parent has affected the lives of children. Although my approach is always > read more
Financial Tips for Women Facing Divorce
Published on 2011-06-22 14:44:12
While neither gender has an exclusive lock on money management skills, the financial deck is stacked against women. Women earn about three-quarters of what men earn. In a divorce, they get less of the assets and more of the children. They live longer > read more
Cohabitation and Living Together
Published on 2011-06-13 22:12:16
Patterns of marriage, divorce and cohabiting without marriage had been changing for years. The incidences of domestic partnerships are growing throughout the world, according to the 1996 census, 1.3million people described themselves as living with a > read more
Spying spouses and Fake identities, divorce and the Facebook battleground
Published on 2011-06-09 23:52:02
A woman posed as a teenage girl on Facebook to dig for dirt on her husband ahead of their divorce – and ended up getting him arrested by the FBI. Everyone is entitled to be stupid, but some abuse the privilege. (author unknown) What would angry > read more
Seven Big Post-Divorce Money Mistakes Women Make
Published on 2011-06-09 14:59:25
Legal fees and creating and running two households from one are just the initial costs of separation process. And while some expenditure is necessary, others can be emotionally charged and careless and can lead to serious debt. > read more
Divorce Attorney now also consulting in Stellenbosch
Published on 2011-06-05 14:34:59
Bertus Preller a specialist Divorce and Family Law Attorney at Abrahams and Gross Attorneys Inc. in Cape Town, will now be consulting on a weekly basis in Stellenbosch. Due to demand from clients in the Stellenbosch, Paarl and Somerset West areas, Be > read more
Grounds for Divorce in South Africa
Published on 2011-05-29 07:58:37
A marriage in South Africa may be dissolved by a court by a decree of divorce and the only grounds on which such a decree may be granted are the irretrievable break-down of the marriage as contemplated in section 4; the mental illness or the continuo > read more
Adultery and the emergence of the Alpha Woman…
Published on 2011-05-25 08:29:57
Sipping her glass of chilled Chablis, Erica Waddington’s eyes wandered slowly around the bar. It didn’t take her long to find what she was looking for. In the opposite corner, blond hair falling foppishly onto the collar of his Paul Smith shirt a > read more
Online Divorce in South Africa
Published on 2011-05-22 04:39:20
In today’s society, with the constraints and pressures of everyday life why should obtaining a divorce have to make everything grind to a halt? The answer is simply it shouldn’t and doesn’t have to. Hundreds of people every month throughout Sou > read more
Shared Parenting
Published on 2011-05-22 00:16:53
Shared parenting is an arrangement after divorce wherein both parents continue to have a strong positive presence in their children’s lives. Shared parenting entails that a child spend equal or significant amounts of time with each parent. As a div > read more
Domestic Violence – the role of the Police
Published on 2011-05-18 02:35:33
Domestic violence and abuse can occur among heterosexual couples, same-sex couples, as well as any people living together in the same household. It is important to note that while women and children are the most victimised, men are also abused, espec > read more
Divorce Checklist, what women should know
Published on 2011-05-15 02:54:49
You have to understand your marriage regime, and if you don't, then find someone who can explain it properly to you. Are you married in or out of community of property? If you are married in community of property, you will by law be entitled to 50% o > read more
Divorce and the impact of the recession – Sunday Times Article
Published on 2011-05-14 23:51:47
People would rather hold back on divorce proceedings because of the cost involved. In many cases when there is a strain on the marriage, the main breadwinner will not disclose some sources of income or other financial details, which makes it very dif > read more
Paternity Fraud
Published on 2011-04-28 23:58:59
Fathers' rights activists’ state that in cases of paternity fraud, there are many potential victims: the non-biological father who pays erroneously maintenance, the child deprived of a relationship with his/her biological father, and the biological > read more
Facebook Leads to Divorce in South Africa?
Published on 2011-04-27 00:14:13
The number of divorces occurring because of Facebook and other social networking sites has been on the rise since these sites have become increasingly popular, research claims. These sites are being utilized more and more by unhappy individuals to se > read more
Grounds for Divorce in South Africa
Published on 2011-04-26 23:48:51
In determining whether a marriage has reached such a state of disintegration that there is no reasonable prospect of the restoration of a normal marriage relationship between the parties it is important to have regard to what has happened in the past > read more
Grandparents Access to the grandchildren
Published on 2011-04-17 05:51:21
Bertus Preller is a Divorce and Family Law Attorney in Cape Town and has more than 20 years experience in law and 13 years as a practising attorney. He specializes in Family law and Divorce Law at Abrahams and Gross Attorneys Inc. in Cape Town. Bertu > read more
Co-Parenting after Divorce, Tips from a Family Law Attorney
Published on 2011-04-16 01:03:50
Bertus Preller is a Divorce and Family Law Attorney in Cape Town and has more than 20 years experience in law and 13 years as a practising attorney. He specializes in Family law and Divorce Law at Abrahams and Gross Attorneys Inc. in Cape Town. Bertu > read more
Living together, make sure you have a cohabitation agreement, otherwise you leave with nothing!
Published on 2011-03-27 05:25:41
"In SA, marriage laws traditionally provided parties with a variety of legal protections. These laws governed what happened to the property of the parties during the marriage and on dissolution, either by divorce or death, and also meant that certain > read more
Divorce Questions: Interview with Bertus Preller Family and Divorce Law Attorney Cape Town
Published on 2011-03-27 04:17:52
We tend to see a number of ill experienced mediators offering services such as divorce mediation, offering a quick break with less emotional trauma and less costs. This may be a good option, but the reality is that mediation can be more expensive tha > read more
No maintenance for a sacked lover
Published on 2011-03-25 09:10:14
It is trite that a tacit contract is established by conduct. In order to establish a tacit contract, the conduct of the parties must be such that it justifies an inference that there was consensus between them. There must be evidence of conduct which > read more
Divorce now less costly and easier through the Magistrate’s Courts
Published on 2011-03-21 23:33:47
The Department of Justice and Constitutional Development has amended the Magistrate's Courts Act of 1944 giving powers to Regional Courts to now deal with divorce cases as well. President Jacob Zuma announced the commencement of the Jurisdiction of R > read more
Parenting Plans, all that you should know
Published on 2011-03-19 08:12:18
As a family law attorney I am daily involved in drafting, negotiating and implementing parenting plans or parental responsibilities and rights agreements. When a divorce is inevitable, a couple must decide who will be awarded primary residency of the > read more
Children Custody Matters, what we can learn from Charlie Sheen
Published on 2011-03-18 13:20:55
Bertus Preller is a Divorce and Family Law Attorney in Cape Town and has more than 20 years experience in law and 13 years as a practising attorney. He specializes in Family law and Divorce Law at Abrahams and Gross Attorneys Inc. in Cape Town. Bertu > read more
Cohabitation Law in South Africa – if you don’t have an agreement you may leave with nothing
Published on 2011-03-18 07:51:31
Bertus Preller is a Divorce and Family Law Attorney who acts in Divorce matters in Cape Town, Johannesburg, Durban and Pretoria and has more than 20 years experience in law and 13 years as a practising attorney. He specializes in Family law and Divor > read more
Children – don’t stop the other parent from having access to his/her child
Published on 2011-03-18 07:37:56
Section 35 of the children's act criminalizes the refusal to allow someone access or who holds parental responsibilities and rights in terms of a court order or a parental responsibilities and rights agreements that has taken effect, to exercise such > read more
DIVORCE AND FAMILY LAW ATTORNEY CONSULTS IN CAPE TOWN, JOHANNESBURG, PRETORIA AND DURBAN
Published on 2011-03-12 00:23:38
Bertus Preller is a Family and Divorce Law Attorney at Abrahams and Gross Inc. and offers expert advice and assistance in all aspects of divorce, separation and family matters. Due to demand he is also now offering weekly consultations in Johannesbur > read more
Can a father reclaim maintenance when it is found that he is not the natural father of the child?
Published on 2011-03-03 14:05:23
The following case illustrates that a father who pays maintenance under the impression that he is the natural father of a child may not have a claim to sue the mother of the child to repay the maintenance when he eventually finds out through a patern > read more
Who’s your Daddy?, paternity testing and South African Law
Published on 2011-02-27 09:20:07
As a Family Law attorney I do get a lot of cases where paternity is denied, especially when maintenance responsibilities comes into play. South African law acknowledges three kinds of blood tests to determine paternity. > read more
Divorce and the forfeiture of your assets
Published on 2011-02-25 20:51:35
In a divorce action the plaintiff (Wife) claimed forfeiture of the defendant's (Husband) patrimonial benefits of their marriage in community of property in terms of the Divorce Act 70 of 1979, s 9(1). The defendant counter-claimed for an order, in te > read more
Adultery or an “inappropriate relationship”may have serious consequences
Published on 2011-02-24 12:40:15
Televangelist Benny Hinn is being sued by Strang Communications, a Christian publishing company that alleges that Hinn violated a morality clause in their contract when he began an "inappropriate relationship" with Without Walls pastor Paula White. > read more
Divorce, Business Times Interview With Bertus Preller Top Divorce Attorney at Abrahams and Gross Inc.
Published on 2011-02-20 13:08:18
The popularity of social networking websites like Facebook and Mxit have brought the possibility to make new friends, and reconnect with old friends from school or the more recent past, said Bertus Preller, a divorce and family law attorney at Abra > read more
How not to tell your spouse you want a divorce
Published on 2011-02-20 06:18:54
Couples who have been mutually unhappy or have had conversations using the "D" word will obviously be less thrown off than those who didn't see it coming. One woman described the day she was told this way: "My biggest concern that morning as we went > read more
Love and Money: Tie up the loose ends before you tie the knot
Published on 2011-02-13 00:40:00
The major problem with an antenuptial contract is that it is drawn up at a time when divorce is probably the last thing on one's mind. > read more
Parenting after Divorce, helping your children to cope with divorce
Published on 2011-02-06 10:36:28
In every divorce, parents must recognize the importance of finishing what they started namely raising their children. Divorce is extremely difficult for most children. > read more
Divorce and Finances some Tips by Divorce Attorney Bertus Preller
Published on 2011-02-04 23:48:03
You wouldn't think that a divorce attorney would be the first person to give advice on how best to prevent a divorce, but then, Bertus Preller, Family and Divorce Law Attorney at Abrahams and Gross Inc. in Cape Town isn't your average divorce attorne > read more
Your ex may inherit your estate if you don’t change your Will after divorce
Published on 2011-02-04 22:36:52
Thus, if a testator no longer wishes that his former spouse should inherit he/she should revoke the existing will. If the will is not revoked and the testator dies more than three months after divorce, the testator’s ex spouse inherits if he/she wa > read more
Parental Alienation Disorder
Published on 2011-01-29 22:05:20
Parental Alienation Syndrome is a disturbance in the child who, in the context of divorce, becomes preoccupied with deprecation and criticism of one parent, which designation is unjustified or exaggerated or both. Parental Alienation Syndrome arises > read more
Domestic Violence
Published on 2011-01-29 00:47:27
A Domestic Violence order may be taken on review to the High Court if there are grounds to do so. To use the provisions of the Domestic Violence Act simply as a measure to block the contact of the other parent is wrong and may therefore be set aside. > read more
Antenuptial contracts
Published on 2011-01-22 04:49:30
The Antenuptial Contract is one of the most important documents that a person will sign in his or her lifetime, well that is if you opt to get married. The problem however is that people somehow disregard the importance of the Antenuptial Contract a > read more
Pastor Benny Hinn and Paula White’s adultery?
Published on 2011-01-22 04:06:34
Even Pastor's don't practice what they preach it seems. Evangelist Benny Hinn recently admitted at a crusade in 2010 in Oakland, Calif., to having a "friendship" with fellow minister Paula White while he's still married after a tabloid pictured them > read more
Divorce Law and Pension Benefits in South Africa
Published on 2011-01-22 03:52:40
When the parties are married in community of property or out of community of property with accrual is it possible to have a claim directly against the pension fund. If the parties are married out of community of property, excluding the accrual then i > read more
January is Divorce Season in South Africa
Published on 2011-01-15 08:00:00
The number of divorces instituted during December and January is triple than that of the other months, according to top Cape Town Divorce Attorney Bertus Preller at Abrahams and Gross Inc. who handles matters in Cape Town and Johannesburg. "The numbe > read more
Collaborative Family and Divorce Law in South Africa, a fresh approach
Published on 2011-01-11 10:22:52
The adversarial court system in South Africa is often not well-suited for resolving family law disputes. For this reason, I often question our ability to help clients heal and move forward with their lives in a productive and constructive manner. > read more
Free Sample Cohabitation Agreement
Published on 2011-01-08 04:39:29
Any unmarried couple in a relationship and living with each other could find this agreement useful. > read more
Cohabitation Agreements in South Africa
Published on 2011-01-08 01:58:38
None of the consequences of a marriage automatically ensue if partners simply live together. Thus life partners do not automatically have the right to share in the other's property during or after the relationship. Life partners are able to use contr > read more
Is adultery in South African Law still a basis for a claim against the mistress?
Published on 2011-01-07 23:48:51
From a personal, moral, ethical and religious perspective adultery is a sin and an act contrary to the basis of trust between married spouses and so is the behaviour of that infamous third party that broke up the marriage seen as immoral. The purpos > read more
Divorce, can my spouse evict me from the matrimonial home?
Published on 2011-01-05 08:19:21
As a general rule the spouse who rents or owns the property may therefore not eject the other spouse from the matrimonial home without providing him or her with a suitable alternative of accommodation, nor may the other spouse eject the spouse that r > read more
Guardianship who will look after your children when you pass away?
Published on 2011-01-01 16:09:50
People don’t usually want to think about death, but as a parent, what will happen to your children after you passed away? As a parent you will have to take steps now to secure your children’s future care. > read more
Top 10 Divorce Issues Of The Decade: Divorce Attorney Bertus Preller’s Perspective
Published on 2010-12-31 06:42:58
This past decade has challenged many people in South Africa and around the world with through various emotional events. The outspoken Julius Malema, President Zuma's acquittal, Shabir Shaik's release from prison and the murders of Lolly Jackson and E > read more