Customary Divorces and Women’s Rights in South Africa when getting divorced

The rights of women in customary marriages Article written by Eileen Dexter, Candidate Attorney, checked and released by Maike Gohl, Partner at Schindlers Attorneys. 02 March 2022 Introduction Before we address the topic at hand, it is important to understand the difference between a civil marriage and a customary marriage. Certain requirements exist that must
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Marital regimes in South Africa and Antenuptial Contracts

Requirements for a valid ANC
Requirements for a valid ANC Article written by Eileen Dexter, Candidate Attorney, checked and released by Kirsten Chetty, Associate and Chantelle Gladwin-Wood, Senior Partner at Schindlers Attorneys. 12 January 2022 Different marriage regimes applicable in South African lawThere are three types of Matrimonial Property Regimes to choose from in South Africa: Marriage in community of
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The sad phenomena of Parental Alienation

Written by Eileen Dexter, Candidate Attorney and Nicola Nieuwoudt, Partner Introduction Parental alienation occurs when one parent undermines or prejudices the contact and relationship between the child and the other parent for no valid reason. Parental alienation is a set of processes and behaviors adopted by a parent to deliberately and knowingly damage the relationship
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City of Tshwane Metropolitan Municipality First Supplementary Valuation Roll 2020

By Chantelle Gladwin-Wood, Partner, Lauren Squier, Associate, and Eileen Dexter, Candidate Attorney Introduction Property valuation rolls are quite complicated.  Below is a brief explanation of how valuations and valuation rolls work. Tshwane’s 1st Supplementary Valuation Roll Tshwane Metropolitan Municipality’s (“the Municipality”) 1st Supplementary Valuation Roll (“Supp 1”) is open for inspection.  It is open from
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WORKING HOURS AND VARIOUS TYPES OF LEAVE DUE TO AN EMPLOYEE AS DIRECTED BY THE BASIC CONDITIONS OF EMPLOYEE ACT 75 OF 1997 AS AMENDED IN 2008

Written by Eileen Dexter, Candidate Attorney and Dingumuzi Ndhlovu, Associate Introduction In today’s world with the COVID-19 pandemic running rampant in our daily lives, there are many employees that are still unsure about what their working hours should be and if they are entitled to leave when needed. Some employees are still under the impression
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The court’s jurisdiction when determining the validity of a customary marriage concluded outside the country

Written by Eileen Dexter, Candidate Attorney and Dingumuzi Ndhlovu, Associate INTRODUCTION The Recognition of Customary Marriages Act (120 of 1998) (the “RCMA”) brought about fundamental changes to the legal position of a customary marriage in South African law. The RCMA ensured that a customary marriage is, for all purposes in South African law, recognised as
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Non-Pathological Criminal Capacity

Written by Eileen Dexter, Candidate Attorney and Chantelle Gladwin-Wood, Partner INTRODUCTION It is common that people accused of violent crimes commonly rely on the defence of non-pathological or sane automatism to escape liability for violent crimes. Consider the following scenario. Xavier is a very aggressive husband who enjoys drinking alcohol every evening. Zanette on the
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