The Child Care Act requires that the child’s mother or father, but not of a child’s guardian.

If a child is above the age of sixteen,he must sign the application form for a passport but if the applicant is younger it must be signed by his parents or guardian.  If the child is in foster care, the provisions of the Child Care Act must be satisfied.

In the absence of a court order to the contrary, consent an application for a passport must be given by both parents or by the child’s “legal Guardian” but if the applicant is illegitimate only the mother need consent, unless a court “orders otherwise” and if by order of court the child has been placed under sole guardianship of one parent or if a non-parent, only the guardian need consent.  The personal particulars of the parents or guardian,must be verified against the population register.

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“What do I do now” she asked her lawyer, the tears streaming down her face.  How do I handle the situation.

Barbara had chosen not to confront her husband in the act and had quietly left the scene and returned home.  But the evidence was quite conclusive and she had some important decisions she had to make.

Tomorrow we will look at the Divorce Law in regard to a situation like this and examine the advice which she was given.

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The action for enticement protects the consortium existing between spouses against the intentional destruction by a third party and has been recognized as being part of our law in South Africa.  The action is as available to the aggrieved wife as it is to the aggrieved husband.  It would also be available to either of the partners to a civil union in view of the fact that such a union has the same consequences as a marriage.  To succeed in this action the plaintiff spouse would need to allege that the third party knew of the existence of the marriage or civil union and that the object of the enticement was to deprive the innocent spouse of his consortium rights . The damages for enticement can be substantial because third parties “should realize that they cannot with impunity seduce married men [or married women] from their duty to their wives [or husband]”  Family Law Service: Schaefer.

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When the parents of a child involved in the dissolution of marriage the position is altered and a reassignment of parental responsibilities and rights or at least some of their incidents, is inevitable.  In addition to the High Courts inherent powers as the upper guardian of all minors within its area of jurisdiction, statutory protection is given to minor and dependent children of the marriage in divorce proceeding by the Divorce Act and the Mediation in Certain Divorce Matters Act.  The Recognition of Customary Marriages Act has extended the whole of the latter Act and section 6 and 10 of the former to divorce proceedings involving customary marriages.

Before the decree of divorce may be granted the court must be satisfied that the provisions made or contemplated with regard to the welfare of any minor or dependent child of the marriage are satisfactory or are the best that can be effected in the circumstances

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A: The Court held that it is contrary to the constitutional rights to equality and protection of dignity to allocate some rights and benefits to married couples whilst withholding them from couples who are parties to  lesbian or gay relationships

Whilst married couples could marry this right was denied to same sex relationships.

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In order to understand the dissolution of marriage and the divorce act one needs to understand the different kinds of marriages which have to be dealt with by divorce attorneys in South Africa.  Here a divorce lawyer who deals with uncontested divorce discusses one form of marriage.

The Qur’an says:

“Marry women of your choice, two, three or four, but if you fear that you shall not be able to deal with them fairly, then only one.”

The trend today in most Arab and Islamic countries is in favour of restricted polygamy.  A few illustrations manifest this approach.  In Iraq, marriage to more than one wife is permitted at the discretion of the judge (qadi), who must ensure that the husband is financially capable of supporting more than one wife and that there is a legitimate interest.

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The Divorce Act imposes no restrictions in respect of the duration of maintenance agreements which are made orders of court.  Such orders may be either unconditional or for a fixed period.  Our courts also give effect to agreements which provide that maintenance is to continue to be paid until the death or remarriage of the maintenance creditor or which provide such maintenance must continue to be paid out of the estate of the maintenance debtor should his death precede the death or remarriage of the maintenance creditor.  Where an order is made for the payment of maintenance is made in the absence of an agreement, payment can be ordered for any period until the death or remarriage of the maintenance creditor.  But the court cannot grant an order for the payment of maintenance which survives the maintenance debtor and which binds his estate.  It is possible for the parties to agree that maintenance will continue after the remarriage of the maintenance creditor. However, without such agreement the courts cannot make the order.

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