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Mediation: to resolve disputes amicably without the need to litigate at court

There is a move in South Africa towards the mediation of family law matters. An implementation of mediation at pilot site courts is already in place. There is a hope that we can switch from an adversarial approach to a collaborative approach in family law matters. Jacqueline Ellis, as a specialist family law attorney can […]

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All High Court interlocutory applications resulting from a divorce or other family law matters

During a divorce or other family law matter, interlocutory applications may be necessary to protect both your rights and / or that of your minor children in law. Please contact us to set up a consultation to advise you of your rights in law and the legal process applicable.

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Variation of a Final Order of Divorce or other Court Orders

As circumstances change, it may be necessary to apply to the High Court for a variation of some or all of the clauses as set out in the Agreement of Settlement from your Final Order of Divorce. Contact us to set up a consultation to obtain our expert advice on this issue.

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Rule 43 applications: interim contact, maintenance and cost contributions

It has been recognised that the duration of time from the institution of a divorce action until the finalisation of a divorce whether finalisation results from an amicable resolution by the parties alternatively as determined by the court, the minor children and / or a spouse may require financial support in the interim period. Furthermore, […]

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Relocation of a parent resulting in the relocation of a minor child

The courts in South Africa consider the best interests of the child in determining any dispute regarding the relocation of a minor child. Various case law exists which we would consider in advising you of the probabilities of your success in proceeding to court with any dispute regarding your relocation and the consequences of your […]

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Maintenance, spousal and in respect of minor children

Section 28 of the Constitution of South Africa entitles every child to “basic nutrition, shelter, basic health care services and social services”. The duty, which this section refers to, has been determined by our courts to relate to the duty of support for a child. The child’s parents and family members have a legal obligation […]

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Parental rights and responsibilities

The Children’s Act 38 of 2005 sets out the doctrines of parental responsibilities and rights (parental authority) as well as care (custody), guardianship and contact (access). We will inform you of the meaning of these doctrines and how these doctrines will apply to the specific circumstances of your case.

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Guardianship

The Children’s Act 38 of 2005 sets out the doctrines of parental responsibilities and rights (parental authority) as well as care (custody), guardianship and contact (access). We will inform you of the meaning of these doctrines and how these doctrines will apply to the specific circumstances of your case.

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Expertise on the various matrimonial regimes that exist in South African Law

There are various matrimonial regimes applicable in South African law. It is essential that you understand the variable consequences of your choice of matrimonial regime. Don’t enter into your antenuptial contract blindly. Bear in mind that “Love is blind but marriage is an eye-opener”. Start your marriage understanding your rights. Don’t keep your head in […]

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The Children’s Act 38 of 2005: Children’s rights are paramount to us at Jacqueline Ellis Attorneys

Our focus is on protecting the rights of all children. We will explain to you the doctrine applied by the courts of the best interests principle in respect of all minor children. In divorces, the children often suffer as a result of the difficult emotional trauma that has affected their parents which results in the […]

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Cohabitation or life partnerships and universal partnerships

In South Africa it is common for many couples today to live together without entering into a legally recognised form of marriage. Various terms are used to refer to these types of relationships: life partnerships, common law marriage, cohabitation, domestic partnership, living together, de facto marriage. This applies to both same-sex and heterosexual relationships. It […]

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Ante-nuptial Contracts

An antenuptial contract must be entered into prior to your marriage.

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Child Care

Child care (custody) and contact (access): whether this be supervised or unsupervised. The Children’s Act 38 of 2005 sets out the doctrines of parental responsibilities and rights (parental authority) as well as care (custody), guardianship and contact (access). We will inform you of the meaning of these doctrines and how these doctrines will apply to […]

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Surrogacy

A surrogacy motherhood agreement is only valid in South Africa if it complies with the requirements of Chapter 19 of the Children’s Act 38 of 2005 and is confirmed by the appropriate High Court and furthermore complies with the 2011 judgment of the first reported case in South Africa on this issue. Each case of […]

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Divorce

Divorces (both opposed and unopposed), which means all types of divorces whether defended or undefended. Divorce proceedings usually involve intense emotions and great legal costs. During the divorce proceedings, we will assess your assets and liabilities. Interim maintenance if necessary will be applied for at court. If children are involved, we will work with you […]

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Adoption

While adopting a child can be an immensely rewarding experience, it is often accompanied by

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Paternity

Relocation of a parent resulting in the relocation of a minor child Rule 43 applications: interim contact, maintenance and cost contributions;

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