Family Law

What Is the Customary Divorce Process in South Africa? Customary marriages are legally recognised in South Africa when they comply with the requirements of the Recognition of Customary Marriages Act. These marriages are valid and carry the same legal weight as civil marriages, meaning they must also be formally dissolved through a legal divorce process. […]

What Are the Requirements for Customary Marriage Divorce? A customary marriage is recognised under South African law when it complies with the requirements of the Recognition of Customary Marriages Act. These requirements include the consent of both parties, compliance with customary law traditions, and the lawful registration of the marriage where applicable. Once recognised, a

Understanding Customary Marriages in South Africa Customary marriages are legally recognised under South African law when they are concluded in accordance with traditional customs and registered where required. These marriages carry the same legal weight as civil marriages, meaning that ending them requires a formal legal process rather than informal separation. What makes a customary

Understanding Your Rights in Unregistered Customary Marriages An unregistered customary marriage refers to a union concluded according to customary traditions without formal registration with the Department of Home Affairs. These marriages are often recognized based on cultural practices, but the lack of registration can create legal challenges when the relationship ends. Legal Status of Unregistered

Is It Possible for a Woman to Divorce Without Her Husband’s Consent? Divorce law allows either spouse to initiate divorce proceedings without needing the other party’s agreement. A marriage is a legal contract, and when it breaks down irretrievably, one spouse can approach the court to dissolve it, even if the other spouse refuses to

Can You Get a Divorce Without a Marriage? In South African law, a divorce is a legal process that can only take place when a valid marriage exists. This means that the court must first recognise that a marriage was legally formed under civil, customary, or other recognised legal frameworks before it can be dissolved.

How Unregistered Marriage Divorce Works in South Africa Unregistered relationships often create confusion when separation occurs. While no formal marriage certificate exists, partners may still have shared assets, children, and financial responsibilities that require legal resolution. Otrebski Attorneys assist clients in navigating these complex matters with clarity and legal precision. Legal Position of Unregistered Marriages

How Does the New Divorce Act Work in South Africa? South African divorce law is primarily governed by the Divorce Act 70 of 1979, which remains the core legislation regulating how marriages are dissolved. There is no single “new divorce act”, but the law has evolved through constitutional interpretation, court rulings, and related legislation affecting

Legal Protection of Certain Assets During Divorce Proceedings Divorce proceedings often involve a detailed assessment of what forms part of the joint estate and what remains protected. Otrebski Attorneys assist clients in understanding how different categories of money and assets are treated when a marriage dissolves, ensuring that rights are properly safeguarded under applicable matrimonial