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Landmark Ruling: South Africa’s Constitutional Court Declares Section 40 of the Children’s Act Unconstitutional, Affirming Parental Rights for Same-Sex Couples.

VJV AND ANOTHER v MINISTER OF SOCIAL DEVELOPMENT AND ANOTHER ZACC 21 - 29 JUNE 2023 The Constitutional Court ruled on an application for validation of a constitutional invalidity that…

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Landmark Constitutional Court Ruling: Equal Access to Family Advocate Services for All Parents in South Africa.

CENTRE FOR CHILD LAW V T S AND OTHERS ZACC 22 - 29 June 2023 THE FACTS The facts of the Centre for Child Law v T S and Others…

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Life Partnerships and Maintenance – Dissenting Judgement E.W v V.H [2023] ZAWCHC 58 (17 March 2023)

There is no doubt that the matter of E.W v V.H (12272/2022) ZAWCHC 58 (17 March 2023) will advance to the Constitutional Court for clarity on whether a duty of…

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The Declining Marriage Rate in South Africa.

Marriages are increasingly becoming less common in South Africa. According to the Marriages and Divorce, 2020 report published by Statistics South Africa, the total number of people getting married has…

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Landmark Application, Interim Maintenance in a Life Partnership.

In earlier articles I made mention of an application that will be argued in the High Court Cape Town on 20 January 2023 before 3 Judges. The Women’s Legal Centre…

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Judge finds a Universal Partnership in a Cohabitation Relationship

Introduction In the recent case of LM v RK ZAWCHC 1; 1 All SA 738, Nziweni AJ found that a universal partnership existed in a cohabitation relationship. Living together does…

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THE COMMON LAW MARRIAGE IN SOUTH AFRICA NEW DEVELOPMENTS – PART TWO OF FOUR.

In Part One, which can be read here, I dealt with developing the common law in regard to maintenance for partners in heterosexual permanent Life Partnerships / Cohabitation/ Common Law…

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