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Piercing the Trust Veneer in Divorce: A Constitutional Approach to Achieving Equity (Matrimonial Property Act 88 of 1984; Badenhorst v Badenhorst 2006 (2) SA 255 (SCA); RP v DP 2014 (6) SA 243 (ECP)).

Introduction The accrual system, as set out in the Matrimonial Property Act 88 of 1984 (hereafter referred to as the MPA), is a matrimonial property regime that aims to recognise…

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Securing Rights Beyond Life: The Landmark Case for Posthumous Registration of Customary Marriages in South Africa. – Khashane v Minister of Home Affairs and Others (052246/2023) [2024] ZAGPPHC 3 (12 January 2024).

Introduction to the Application for Posthumous Registration of a Customary Marriage In the case of Khashane v Minister of Home Affairs and Others (052246/2023) ZAGPPHC 3 (12 January 2024), the…

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Reforming Lex Domicilii Matrimonii: A Step Towards Equality in South African Matrimonial Law.

Introduction In the ever-evolving domain of South African family law, the concept of matrimonial property regimes, primarily governed by the principle of lex domicilii matrimonii, stands at the crossroads of…

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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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