In South Africa, same-sex custody cases are guided by the “best interests of the child” principle, giving both parents equal standing, whether married or in a life partnership. Courts recognise same sex parents’ rights in adoption, IVF, and other parenting arrangements, ensuring children are legally protected.
When you marry in community of property, both partners share a single joint estate—everything earned, owned, or owed is split equally.
The best answer to how to protect your assets in a divorce in South Africa includes having an antenuptial contract (ANC), maintaining meticulous financial records, setting up a legally sound trust, and ensuring that excluded assets remain separate.
In South Africa, one spouse can file for divorce if they prove the marriage has irretrievably broken down. A spouse cannot refuse divorce if the court is convinced there’s no chance of reconciliation.
Protect your rights as an unmarried couple by understanding the lack of common law marriage recognition, preparing a cohabitation agreement, updating your will, and knowing the legal avenues available for unmarried couples in South Africa.