https://www.bizcommunity.com/196/887.html South Africa Family Law news 15 Family Law news - South Africa https://www.bizcommunity.com/res/img/logo.gif https://www.bizcommunity.com/196/887.html en-us Tue, 29 Sep 2026 07:47:19 +0200 https://www.bizcommunity.com/article/court-rules-surviving-spouse-claim-trumps-deceased-heirs-636931a In the recent case of De Bruyn v Master of the High Court, Pretoria and Others [2026] involving a deceased estate, the Supreme Court of Appeal (SCA) gave preference to the claim of a surviving spouse to the exclusion of the deceased’s heirs. 1-272051 Mon, 28 Sep 2026 08:57:00 +0200 Bizcommunity Family Law South Africa https://www.bizcommunity.com/article/sa-high-court-strikes-down-century-old-patriarchal-marriage-rule-as-unconstitutional-075825a The Western Cape High Court recently delivered a decisive blow to a century-long patriarchal common law rule of lex domicilii matrimonii; paving the way for a fairer future for women, same-sex, and non-binary couples. 1-271937 Tue, 22 Sep 2026 10:01:00 +0200 Bizcommunity Family Law South Africa https://www.bizcommunity.com/article/divorce-and-property-law-why-a-pending-accrual-claim-doesnt-grant-occupation-rights-290977a Protracted divorce proceedings frequently leave spouses vulnerable and uncertain, especially where disputes arise over the family home. A common question is whether a spouse may rely on their continued occupation therein until the finalisation of the divorce proceedings, even where the property belongs to the other spouse. 1-270380 Thu, 30 Jul 2026 13:22:00 +0200 Bizcommunity Family Law South Africa https://www.bizcommunity.com/article/what-happens-if-a-parent-refuses-access-a-south-african-family-law-overview-175056a When parents separate, the arrangements relating to a child’s care and contact should be guided by one overriding principle: the child’s best interests. South African law no longer focuses on parental 'custody' and 'access' in the traditional sense, but on parental responsibilities and rights, including care, contact, guardianship and maintenance. 1-269408 Mon, 29 Jun 2026 11:30:00 +0200 Bizcommunity Family Law South Africa https://www.bizcommunity.com/article/sca-judgment-why-placing-property-in-your-spouse-name-might-not-protect-it-from-your-creditors-066115a For many South African couples, there has been a quietly held belief that registering immovable property in the name of the solvent spouse would shield that property from the claims of the insolvent spouse’s creditors. 1-266727 Tue, 24 Mar 2026 10:12:00 +0200 Bizcommunity Family Law South Africa https://www.bizcommunity.com/article/home-affairs-reform-sees-recognition-of-muslim-marriage-officers-622031a The Department of Home Affairs has delivered another important reform to advance equality and fairness for the Muslim faith community by ensuring that Muslim marriage officers are recognised on the same basis as other religious marriage officers under the Marriage Act 25 of 1961. 1-266651 Fri, 20 Mar 2026 13:13:00 +0200 Bizcommunity Family Law South Africa https://www.bizcommunity.com/article/concourt-decision-redefines-marriage-contract-validity-for-twice-married-couples-733282a A new Constitutional Court judgment about the validity of customary and civil marriages has huge implications. An untold number of Black couples, married under customary law and later under civil law, are suddenly finding that, in the wake of this judgment, their rights are not protected in the way they had assumed. 1-266522 Tue, 17 Mar 2026 09:00:00 +0200 Bizcommunity Family Law South Africa https://www.bizcommunity.com/article/sca-landmark-decision-exposes-vulnerabilities-of-unregistered-customary-marriages-406189a Customary marriages in South Africa remain a source of legal disputes, especially when they overlap with civil marriages, inheritance, and the validity of wills. A recent case before the Supreme Court of Appeal (SCA), Tshivhase v Tshivhase N.O. and Another [2025], has shed light on what is required to prove the existence of a customary marriage under the Recognition of Customary Marriages Act 120 of 1998 (RCMA). 1-265305 Tue, 03 Feb 2026 13:25:00 +0200 Bizcommunity Family Law South Africa https://www.bizcommunity.com/article/bestofbiz-2025-legal-283877a We've compiled our annual #BestofBiz 2025 lists across all our industries featuring our most popular articles, most-read contributors and company news. Discover the most read content on Bizcommunity's Legal site over the past year below. 1-264280 Wed, 17 Dec 2025 06:00:00 +0200 Bizcommunity Family Law South Africa https://www.bizcommunity.com/article/how-concourt-ruling-has-altered-asset-distribution-in-non-accrual-marriages-405469a A recent High Court judgment has cast the spotlight on an ever-developing aspect of family law that affects all those married out of community of property with the exclusion of the accrual system. 1-264135 Wed, 10 Dec 2025 12:27:00 +0200 Bizcommunity Family Law South Africa