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The Financial Information Gap in Family Law: Addressing Inequities and Reforming Disclosure Practices.

The Financial Information Gap: Understanding the Core Problem in Family Law Matters The landscape of family law in South Africa faces a critical challenge rooted in the asymmetrical access to…

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Office Access Showdown: High Court Settles Spousal Spat in H.J.C v M.C.C (2041/2024) [2024] ZANCHC 79 – (30 August 2024).

Background: A Marital Dispute Turned Property Access Saga In the heart of Kimberley, a seemingly routine marital dispute escalated into a complex legal battle over property access, as seen in…

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Urgent Co-Parenting Battles: A Lesson in Patience from D.D v I.L and Another (16939/2024) [2024] ZAWCHC 215 (20 August 2024).

Background: A Preschool Predicament In the Western Cape High Court case of D.D v I.L and Another (16939/2024) ZAWCHC 215 (20 August 2024), we encounter a poignant example of how…

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Urgency Dismissed in Grandparents’ Access Case: E.S and Others v P.S and Another (16138/24) [2024] ZAWCHC 201 (12 August 2024).

Background: A Family's Struggle for Contact After Tragedy In the heart-wrenching case of E.S and Others v P.S and Another (16138/24) ZAWCHC 201 (12 August 2024), the Western Cape High…

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Full Disclosure and Reasonableness: Key Lessons from M.Y v J.Y (2024/013982) [2024] ZAGPJHC 684 in Rule 43 Applications (26 July 2024).

Background: A Short-Lived Marriage Leads to Rule 43 Application The case of M.Y v J.Y (2024/013982) ZAGPJHC 684 (26 July 2024) revolves around a Rule 43 application filed by the…

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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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