For over half a century now section 2(a) of the Arbitration Act 42 of 1965 has prohibited arbitration in respect of matrimonial and related matters. In this article, it will be illustrated that this prohibition is clearly ...

In this article the different theoretical bases for attacking trusts upon divorce and in maintenance matters are set out. Firstly, the nature of, the requirements for and the consequences of the remedy of declaring a trust ...

On 1 July 2007 section 17 of the Children’s Act 38 of 2005 came into operation. It lowered the age of majority from 21 years to 18 years and brought our law into alignment with the notion in international human rights law ...

Despite the fact that the accrual system has been in operation for over 26 years, there is very little case law dealing with the operation and principles of this system (see Schulze "Some thoughts on the interpretation ...

For many years divorce has been viewed exclusively as a legal problem that had to be addressed by the courts in our adversarial system of litigation. Divorce, however, also entails social problems which are not addressed ...

This note illustrates that mediation can be used as an important tool for dealing with all divorce and family disputes. It sets out the judicial endorsement of divorce and family mediation in case law as well as the features, ...

In an effort to alleviate the negative consequences of the adversarial system of litigation the Department of Justice and Constitutional Development piloted a basic mediation training programme for all court officials in ...