If you marry without signing an antenuptial contract before your marriage, you will be married in community of property. Alternatively, you can contract out of community of property by entering into an antenuptial contract before getting married.

No. In South Africa, you generally cannot sue a third party simply for having an affair with your spouse or contributing to the breakdown of your marriage. Infidelity may, however, be relevant to certain aspects of divorce proceedings.

No. A parent’s obligation to pay maintenance and their right to have contact with a child are separate matters. If maintenance is not being paid, the appropriate legal remedies should be used to enforce the maintenance order rather than withholding contact.

There is no automatic rule. The parties can agree on who will care for the pet and how related expenses will be shared. If they cannot agree, the circumstances of the case will determine the appropriate outcome.

An uncontested divorce is where the spouses agree on all the important issues, such as the division of assets, maintenance and arrangements for their children.

A contested divorce is where the spouses cannot agree on one or more of these issues, and the court may be required to decide the dispute.

A Court-accredited mediator is a mediator who has met the required qualifications and accreditation standards to assist parties in resolving disputes through mediation.

Jennifer is an accredited mediator and can assist with Family Law mediations, with the aim of helping parties reach practical and mutually acceptable agreements without unnecessary litigation.

It is advisable to review your will when you are going through a divorce. Divorce can affect how your estate is distributed, and updating your will can help ensure that your wishes are properly reflected. It is also important to review your will after the divorce is finalised.

Yes, in certain circumstances. Spouses can apply jointly to the High Court for permission to change their marital regime. The court must be satisfied that there are good reasons for the change and that the interests of creditors and other affected parties will not be prejudiced.

An unmarried father’s parental rights and responsibilities depend on the circumstances and, in particular, whether he meets the requirements of the Children’s Act.

An unmarried father who acquires parental rights and responsibilities can have the same rights and responsibilities as the mother in relation to the child.