RSSCategory: Technical

Maintenance is NOT a Reward

Maintenance is NOT a Reward

Joint or Dual Custody encompasses both physical custody, which pertains to parents’ right to have the child live with them as well as legal custody, which refers to parents’ right and responsibility to make decisions and care for their child. Conversely, the child has the right to joint guardianship, which encompasses the right to live […]

4th August 2016 | By More
There is No Winner in Divorce Court

There is No Winner in Divorce Court

You’re angry as hell at the spouse you thought you knew. You want to hire the meanest, toughest SOB divorce lawyer you can find and exact the retribution you deserve by going to court. How could a judge not agree that your spouse is a complete (insert description here) and side with you on all […]

26th June 2016 | By More
How to Choose a Family Mediator

How to Choose a Family Mediator

A mediator is someone who is neutral, unbiased and non-judgmental to your problems when they facilitate the issues between you and your family or just you and your spouse.     This third person, should be able to communicate without forcing their own opinions and solutions to your problems nor should they ask you to […]

29th February 2016 | By More
Advice from a Judge

Advice from a Judge

In my several decades in and near divorce court, I have seen more than a fair share of sad people who can’t seem to move on from their divorces. Some of them manage to turn the process of getting a judgment terminating their marriage from something that should have been finished in a few months […]

13th January 2016 | By More
Don’t Divorce on Social Media

Don’t Divorce on Social Media

Every morning, as I drink my morning cup of coffee, I scroll through my Facebook news feed, and it does not take me long before I come across a “friend’s” post that causes me to shake my head, and think “Why would they post that?” In today’s social media savvy world, people are often quick […]

8th December 2015 | By More
Did Your Attorney Advise You of Your Duty to Mediate?

Did Your Attorney Advise You of Your Duty to Mediate?

South African case law has changed the way the courts view the start of a divorce process with Acting Judge Brassey in the South Gauteng High Court (Brownlee v Brownlee: 2008/25274) emphasising the duty of parties to attempt to mediate a dispute involving a divorce process and the obligation of their respective attorneys to encourage […]

27th September 2015 | By More
When Divorce Litigation is Inevitable

When Divorce Litigation is Inevitable

Although litigation is traditionally the most common option for divorce, around 90% of divorces are settled out of court worldwide. Good litigation ought to negotiate the best compromise that will keep your divorce case out of court. However, there are instances where going to court remains the most viable option, only if you have honestly […]

15th September 2015 | By More
Maintenance Defaulters Beware!

Maintenance Defaulters Beware!

President Jacob Zuma has signed the much-criticised Maintenance Amendment Act (Act No 9 of 2015) into law‚ a statement said today. “The aim of the Act is to amend the Maintenance Act‚ 1998 (Act No 99 of 1998)‚ in order to improve the maintenance system‚” the Presidency said. The Act‚ the statement said‚ seeks to […]

9th September 2015 | By More
Collaborative Divorce Mitigates Against Stress

Collaborative Divorce Mitigates Against Stress

I am an attorney.  When people phone to enquire about a divorce there are only two questions that they want answered – How much will it cost and how soon can it be done? These questions are undoubtedly important.  Yet I am still surprised that a decision to end a marriage and proceed with a […]

8th September 2015 | By More
Featured Article: Marissa Galloway-Bailey

Featured Article: Marissa Galloway-Bailey

Marissa Galloway-Bailey decided to focus on her passion after several years of practising as a family law attorney in Johannesburg. Apart from being an accredited member of SAAM (South African Association of Mediators) and a founding representative for the newly- formed SAAM Johannesburg South Regional Committee, she is also accredited by the University of Stellenbosch’s […]

2nd September 2015 | By More