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News & Articles

Civil Litigation in South Africa: What You Need to Know Before Going to Court

Surrogacy in South Africa: A Legal Roadmap to Parenthood
Surrogacy in South Africa is a legally regulated path to parenthood that requires strict compliance with the Children’s Act. Before any medical process begins, the High Court must confirm the agreement, ensuring it meets legal, ethical, and child-focused standards. This article unpacks the eligibility requirements for commissioning parents and surrogates, the prohibition on commercial payments, the importance of a genetic link, and the safeguards protecting all parties. For families considering surrogacy, legal precision isn’t optional—it’s essential.

Unmarried Fathers and Mothers in South Africa: Parental Rights under the Children’s Act — Legal Implications for Parenting Plans
Parental rights aren’t automatic — especially if you’re unmarried. South Africa’s Children’s Act sets out when an unmarried father gains full parental responsibilities and rights, and how these impact parenting plans, custody, and decision-making. We unpack the legal tests, practical steps, and the role of the Family Advocate in protecting your child’s best interests.

High-Stakes Opposed Divorce in South Africa: Minors, Pensions, High Income, and Marital Contracts
When divorce involves significant assets, complex contracts, and children — the stakes couldn’t be higher. From pension interests and business valuations to primary caregiver disputes and marital regime implications, we examine the legal strategies and financial considerations that define high-value divorces in South Africa.
What You Can Claim in a South African Divorce — Assets, Maintenance, and More
Divorce isn’t just the end of a relationship — it’s a financial re-set. From property division to pension funds, maintenance, and even accrual claims, South African law offers a range of entitlements depending on your marital regime. In this article, we unpack exactly what you can claim, how the courts calculate it, and the steps to protect your rights before, during, and after the divorce process.
Rule 43 Applications in South Africa — Interim Relief When Divorce Is a Battlefield
When divorce turns contentious, interim relief can be critical. A Rule 43 application allows a spouse to secure urgent financial support, interim custody, and contribution towards legal costs while the divorce is pending. We unpack how it works, when to bring it, and what the court considers before granting relief.

Parenting Plans, the Family Advocate, and the Professionals Who Shape Child-Care Decisions
A parenting plan isn’t just a piece of paper — it’s a roadmap for your child’s future. In South Africa, these agreements set out how parents will share responsibilities, make decisions, and maintain stability for their children after separation or divorce. We explore the legal framework, the role of the Family Advocate, and how professionals like social workers and psychologists help shape a child-focused plan.