MAINTENANCE: THE GRANDPARENTS DUTY OF SUPPORT

Section 28(1)(c) of the Constitution provides that every child has the right to basic nutrition, shelter, basic health care services and social services.  In addition our common law provides that both parents have a legal duty to support their children … Continue reading

MARRIAGES SUBJECT TO THE ACCRUAL SYSTEM: WHEN TO DETERMINE THE VALUE OF THE ESTATES

In South Africa marriages out of community of property are automatically subjected to the operation of the Accrual System, unless the parties include a specific clause in their Ante-Nuptial excluding the operation of the system. The operation of the Accrual … Continue reading

Adultery – Can an aggrieved spouse claim damages?

The decision in Vivian v Kilian 1927 AD 449 resulted in South African courts recognising that a person has a claim for damages against a third party who had engaged in adulterous behavior with that person’s spouse. The grounds upon … Continue reading

CHILDREN IN NEED OF CARE AND PROTECTION – WHAT CAN YOU DO?

It is common knowledge that one of the greatest ills plaguing our democracy is the neglect and abuse of children. Our Constitution entrenches children’s rights in our society, which include the right to safety and security, and parliament has given … Continue reading