Legal Articles and Guides
The Children's Act 38 of 2005 has influenced not only the rights of children and parents, but also the way in which any disputes in this area are dealt with in practice. Our courts have also had to move away from certain traditional prejudices, and embrace the new approach to these legal proceedings set out by the Act.
When a couple gets divorced, one party is often in a better financial position than the other. The person who has custody of the children will also have expenses that the other parent does not have. For this reason the court will issue a maintenance order requiring maintenance to be paid for the children and, depending on the circumstances, to the other party.
Let's look at a practical example of an accrual calculation. Let say a couple got married in early 2000 with an ante nuptial contract which included the accrual system.
Marriage is a legal bond between two people, and provides those people with certain rights and obligations against each other. The only way to terminate these rights and obligations (as much as possible), is for the parties to obtain a divorce from each other. A divorce therefore legally terminates a marriage. Once a divorce is granted, each partner may then legally marry someone else.
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