Family Law

Hammond Pole Attorneys > Family Law

Modern family: A guide to parental leave in South Africa

In acknowledgement of the many different structures which make up today’s modern family, legislation was introduced in January 2020 that extends the definitions and period of leave permitted to parents on the birth – or adoption – of a child.   Maternity leave for a biological mother remains unaltered, comprising 4 months unpaid time at home, although a claim through the UIF scheme will grant 66% of the employee’s regular salary for the duration of the leave.   Under previous legislation, the three day leave allowance for the second parent was lumped together with other family responsibilities including bereavement or a sick child. Now,...

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My fiancé has paid my family lobola but we will only be getting married in two years

- What are the legal ramifications and what are my rights?   A blog article by Tania Abbotts   South Africa is a unique country due in part to the many different cultures, religions and customs within our beautiful rainbow nation. This is why we have so many different kinds of recognised lawful marriages: civil union, marriage, customary marriage etc. I have seen an increase in matters being taken to court regarding customary marriages mainly because it is uncertain at what point a customary marriage is deemed a lawful marriage and thus subject to the protection and obligations afforded to married couples.   Section 3(1) of...

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Protecting our Women & Children against Abuse

16 days of activism blog

“We must protect our families, we must protect children, who have inalienable rights and should be loved, should be taken care of physically and mentally and should not be bought into the world only to suffer.” – Indira Gandhi Human Rights Day Human Rights Day is celebrated on the 10th of December annually. It commemorates the day the United Nations Generally Assembly adopted the Universal Declaration of Human Rights in 1948. This Declaration set out to ensure universal protection of all fundamental human rights and has been translated into hundreds of languages and dialects from Abkhaz to Zulu which led to a...

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Don’t hesitate, draft your will today!

Wills Blog

Many people believe having a last will and testament is unnecessary and that when they pass away there won’t be any issues and that they are too busy living to stress about death. But death does not discriminate, it doesn’t care about your busy schedule, and could happen when you least expect it, leaving your loved ones left behind to deal with your personal affairs. Before you decide not to have a will, please keep the following misconceptions and myths in mind: I don’t have any immovable property or a vehicle Our Law requires that all deaths and estates are to be...

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Religious Marriages and the results thereof

Marriage in South Africa exists in a number of different forms, as a result of the diversity of religions and cultures in the country. This article has been written by Michelle Orsmond, an in-house Family Law expert at Hammond Pole Attorneys.  In this article, we take a brief look at foreign and customary marriages and the implications thereof when entering into such a marriage. Religious marriages, more in particular Muslim Marriages, have no legislative framework governing them. These religious marriages are not legally recognized as having the same legal status as civil marriages in terms of the Marriage Act 25 of 1961. The consequence of...

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Foreign & Customary Marriages and the implication on the South African Property Law


Hammond Pole Attorney, Neill Mc Kinon tells us more about Foreign & Customary Marriages, and the implications thereof when it comes to conveyancing. Marriage in South Africa whether religious or by way of civil union comes with a set of consequences applicable to the transfer of immovable property. The same can be said about foreign and customary marriages. Firstly, whilst foreigners living in South Africa are entitled to own property, the consequences of a foreign marriage must always be taken into account when acquiring and disposing of immovable property. When it comes to dealing with married persons in South Africa, the Marriage Act...

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An overview of Civil Union & Partnerships by Hammond Pole Attorneys

Civil Union & Partnership

 Hammond Pole Attorney, Ardene Nel provides an overview of Civil Union Marriages & Partnerships in this article.  What is a Civil Union? Civil Union marriages were introduced in South Africa by way of the Civil Union Act, 2006. This specific Act, is the act which legalised same sex marriages. Parties who enter into a Civil Union Marriage or partnership have the same rights, legal consequences and responsibilities, as parties who have entered into a civil marriage. A Civil Union marriage or Partnership can either be a marriage or partnership between a party of the same sex, or those of the opposite sex. What are the different...

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Civil Marriages

Civil Marriages

To establish the contractual capacities of the parties who enter into an agreement, it is of utmost importance to first confirm these parties' marital status. This will determine the positions in which the parties can act in terms of concluding an agreement. Civil marriage is a marriage that entered into between a man and a woman. More particular, the parties are of the opposite sex. In terms of South African Law, there are three types of Civil Marriages, and they are as follows: -           A marriage in community of property; -           A marriage out of community of property, with the inclusion of the accrual...

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New Law created at the Supreme Court of Appeal in one of Hammond Pole’s Divorces.

Hammond Pole Attorneys are ecstatic to announce that the law pertaining to divorce and accrual has forever been changed! Our very own Senior Associate at Hammond Pole Attorneys, Tania Abbotts, attended to a matter in 2016, whereby the high court ordered that a living annuity cannot be included in a spouse’s estate for purposes of calculating accrual. This meant that the court confirmed that spouses involved in a divorce could purchase a living annuity, and effectively use it to place their Pension Interests, in order to reduce their total assets when it came to assessing whether there was an accrual claim. South...

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How does your marriage status affect you when buying property in South Africa?

Marriage Regimes in Property by Hammond Pole Attorneys

It is important for an estate agent to ask the question – how the parties are married from mandate stage when dealing with property. The reason for this is to establish the legal capacity of all parties in terms of the agreement. Ardene Nel, an Attorney at Hammond Pole Attorneys, explains how your marriage status could affect you when buying property in South Africa. South African Marriage Regimes The following are various types of marriage regimes in South Africa: Civil Marriages Civil Unions and Partnerships Customary Marriages Foreign Marriages Let’s have a brief look at each regime individually to better understand how this could...

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