Family Law Archives - Ashersons Attorneys

26 Aug 2026

Better Late Than Never: Marriage Law Drags Itself into the 21st Century

“It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV.” (Oliver Wendell Holmes Jr) A couple may marry in one country, live in several others, hold different nationalities and eventually settle in South Africa. If the marriage ends, which country’s law governs their financial and property rights? Under South Africa’s old rules, the answer depended on the husband’s domicile at the time of the marriage. Why the old rule was unconstitutional The common-law rule of lex domicilii matrimonii provided that the financial and property…

25 Jun 2026

By Ashersons Attorneys

Dementia in the Family? Here Are Your Legal Options

“By failing to prepare, you are preparing to fail.” (Benjamin Franklin) A dementia diagnosis affects far more than memory. As the condition progresses, it can impair a person’s ability to manage finances, make legal decisions, sign contracts, or deal with property and investments. For many families, the legal implications only emerge when practical problems arise. A bank account needs accessing, a property needs selling, or financial decisions must be made for someone who can no longer act independently. At that point, many assume a Power of Attorney will help. South African law says otherwise. The Power of Attorney myth A…

26 May 2026

By Ashersons Attorneys

Married Out of Community of Property? You May Still Be Entitled to a Share

“Justice cannot be for one side alone, but must be for both.” (Eleanor Roosevelt) Under the antenuptial contract alone, she would have had no claim on his estate. The court found otherwise. A woman who spent three decades running a home, raising her husband’s children, supporting his career, and making financial contributions to joint expenses received 40% of his estate. The parties were married out of community of property without the accrual system. The antenuptial contract said their estates were separate. Contribution told a different story. What changed and why it matters Until recently, redistribution orders under section 7(3) of…

27 Jan 2026

By Ashersons Attorneys

Love and the Law: Cohabiting? Get Your House in Order Now

“All you need is love… and a good lawyer.” (Anonymous) February, with its Valentine’s Day chocolates, roses and declarations of undying love, should be a month for romance, not legal niceties. But in the real world, love and the law are inextricably linked because any relationship’s structure and consequences are inevitably governed by legal principles. Losing sight of that can expose you to unnecessary angst, dispute, and litigation. A recent High Court fight between an estranged couple over their jointly-purchased dream house illustrates this neatly. Broken dreams, and a fall out over the house A couple’s four-year romantic relationship saw…

06 Jan 2026

By Ashersons Attorneys

How to Fund Your Divorce if Your Spouse Can Outlitigate You

“For what is wedlock forced but a hell, An age of discord and continual strife?” (William Shakespeare in Henry VI Part I) This article is a balm for anyone unfortunate enough to be stuck in an unhappy marriage full of Shakespeare’s “discord and continual strife”, yet too scared to consider divorce because of the costs. An uncontested divorce in which you agree on everything need not cost much, but it’s a very different story if you know that your spouse will fight you to the bitter end. The hard reality is that contested divorces can be extremely expensive. But if…

28 Oct 2025

By Ashersons Attorneys

Wedding Bells? You Can Both Choose Your Own Surnames Now

“A family name holds the music of generations – it’s the first inheritance we receive.” (Attributed to Irish poet-philosopher John O’Donohue) The Constitutional Court has just confirmed (with some significant adjustments) last year’s High Court ruling that both partners in a marriage have equal rights to choose their surname. Previously, a woman – and only a woman – could choose when marrying to take her spouse’s surname, or to retain her own surname, or to assume a double-barrelled surname (her own surname with her husband’s surname). However, if a man wanted to do the same (to adopt his wife’s surname…

25 Sep 2025

By Ashersons Attorneys

Divorce Lawfare: The Serial Litigant and his Stalingrad Strategy

“This [the Stalingrad Strategy] is a strategy of wearing down the plaintiff by tenaciously fighting anything the plaintiff presents by whatever means possible and appealing every ruling favourable to the plaintiff. Here, the defendant does not present a meritorious case. This tactic or strategy is named for the Russian city besieged by the Germans in World War II.” (Judges Matter website) Divorce disputes are of course intensely personal and emotionally charged affairs — and when feelings run high the resultant fallout can mean protracted, bitter, and costly litigation. If you are being subjected to a barrage of such litigation, take…

28 Jul 2025

By Ashersons Attorneys

Divorce 101: A Simple Guide to the Legal Side

“You can’t go back and change the beginning, but you can start where you are and change the ending.” (C.S. Lewis) Divorce is traumatic, to the extent that it’s widely considered to be the second most stressful life event (behind only the death of a spouse, and ahead of marital separation and going to jail!). But if you’ve come to the conclusion that your marriage is so unhappy or toxic that you have no alternative but to put an end to it, you’ll need to know how to go about obtaining a divorce, and what your legal rights are. The…

27 May 2025

By Ashersons Attorneys

Good News for Grandma: The Law Wants You to Have Access to Your Grandchildren

“Grandparents, like heroes, are as necessary to a child’s growth as vitamins.” (Quoted in the judgment below) One of the greatest tragedies of family fall-outs will always be the effect they have on the children involved. A recent High Court fight over a granny’s attempts to have contact with her two grandchildren in the face of bitter opposition from their father confirms that what really counts is what’s best for the grandchildren. A tragic death, and a family fight Two boys, aged 9 and 13, are the innocent subjects of this legal wrangle. They live with their father in Makhanda.…

27 May 2025

By Ashersons Attorneys

How to Avoid Fighting Over the House – A Guide for Life Partners

“An ounce of prevention is worth a pound of bandages and adhesive tape.” (Groucho Marx) It’s a perennial topic of dispute in our courts. A couple lives together, sharing the same roof and everything else in perfect happiness and harmony. Until it all goes south. Then the gloves come off and, particularly if our erstwhile couple end up dragging each other through the courts, everyone takes a beating. Bloodied, battered and bandaged, they’re going to wish they’d implemented Groucho’s “ounce of prevention” in the first place. We’ll explain how to keep things amicable. But before we do, let’s consider the…