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Mastering Emotional Intelligence: The Game-Changer for Family Lawyers.

Emotional Intelligence: A Key Skill for Family Lawyers Family law practitioners, despite their best intentions and legal expertise, often fall prey to common pitfalls that can significantly impact their effectiveness…

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Navigating the Complexities of Grey Divorce in South Africa: A Comprehensive Guide.

Introduction Navigating the complexities of divorce is never an easy task, but for those over the age of 50, the challenges can be particularly daunting. In South Africa, the phenomenon…

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E.L.B v A.V.M (7521/24) [2024] ZAWCHC 132: Implications for Urgent Child Relocation Applications.

Background and Context of E.L.B v A.V.M (7521/24) ZAWCHC 132 The Western Cape Division of the High Court of South Africa was tasked with resolving a highly contentious and urgent…

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Dysfunction in South Africa’s Family Law System: Insights from a Groundbreaking Report. – March 2024.

Introduction South Africa is renowned for having some of the most progressive family law legislation in the world, including the Children's Act 38 of 2005, the Domestic Violence Act 116…

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Navigating Complex Family Dynamics: Care and Contact and Expert Assessments in Same-Sex Families Section 23 of the Children’s Act. – DR v NM and Another (3358/2024) [2024] ZAWCHC 69 (5 March 2024). Lekhuleni J.

Introduction Section 23 of the Children's Act 38 of 2005 emerged as a critical pillar in the court's analysis, offering a legal avenue for individuals seeking contact or care of…

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Unravelling the Tangles of Divorce: A South African Rule 43 – Case Study on Interim Maintenance and Legal Costs – T.C v B.C (21300/2022) [2024] ZAGPJHC 48 (25 January 2024).

Background In this case, presided over by Mahomed AJ, an application was made for interim maintenance and a contribution toward legal costs, in line with Rule 43 of the Uniform…

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Adversarial Litigation in Divorce and Family Law Practitioners’ Conduct: Unpacking – D.N.Q v P.Q (49090/2021) [2024] ZAGPPHC 12 (12 January 2024).

Background of the Dispute The case of D.N.Q v P.Q (49090/2021) ZAGPPHC 12, presided over by Marumoagae AJ, emerged from a dispute within the context of a protracted divorce process.…

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The Need for a Paradigm Shift in Family Law Practice. Redefining the Role of Lawyers: The Untapped Potential of Mediation in Family Law.

The acronym 'ADR' often evokes a sense of dread among lawyers, interpreted not as 'Alternative Dispute Resolution' but as an "Alarming Drop in Revenue." However, this need not be the…

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