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What is a DUM CASTA clause?

The so-called dum casta clause is a paragraph (in a divorce settlement agreement) which stipulates that the spousal maintenance obligation will cease (stop) when the other party remarries or lives together as husband and wife with another person. Similar restrictive...

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Child Marriages in South Africa – Is it legal?

According to the research of scientist Tom Griffiths and journalist Brian Christian, co-authors of Algorithms to Live by: The Computer Science of Human Decisions, 26 is the perfect age to get married. On the opposite side of this so-called perfection, we find child...

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In Community of Property & Divorce – Who Will Get What?

Have you been married in community of property and are now considering a divorce? This blog post highlights the must-knows in plain language. What is "In Community of Property"? It simply means that you and your spouse’s assets and liabilities (debts) automatically...

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What is a Parenting Plan?

- sA parenting plan is a written agreement between two people/parents who hold parental rights and responsibilities. It forms part of your divorce papers when there are minor children (under the age of 18) involved. The Family Advocate will endorse (approve) the...

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Adultery & Divorce – Can I sue his Mistress?

In times of adultery, divorce can get messy. Divorce attorneys often get questions like: I want a divorce because my husband cheated. Can I sue his mistress? / My wife cheated. Can I sue the person with whom my wife had had an affair? After the Constitutional Court...

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