Prior to 1910 and the unification of the various provinces and independent territories in the union of south africa, there were several independent systems of superior courts. Written by a family law consultant, a simple guide to south african family law covers the basics of family law without resorting to legal jargon. Edwards the history of south african law, an outline 1996 5. Introduction the engagement legal requirements for a civil marriage void, voidable and putative civil marriages invariable consequences of a civil marriage the variable consequences of a civil marriage. African customary law, customs, and womens rights muna ndulo abstract the sources of law in most african countries are customary law, the common law and legislation both colonial and postindependence. Family law in south africa provides a rich source of expertise and a lively and approachable introduction to the principles of family law. Ultimately the law should reflect the everchanging boni mores of the society it serves and aspire to the ideal regulatory framework. This is a compilation of the family law rules 2004 that shows the text of the law as amended and in force on 1 january 2019. African customary marriages when africans marry, they can choose to marry by african customary law traditional customs or by the ordinary civil law of the land. A valid engagement is not a prerequisite for a valid civil marriage. Heaton j the law of persons and family law 2008 annual survey of south african law 908964 published in 2009 heaton j an individualised, contextualised and childcentred determination of the childs best interests, and the implications of such an approach in the south african context 2009 34 journal for juridical science 118. The ceremony takes place after the mans family has paid all. Integrating the common law, statutory law, and constitutional perspectives, the text provides thorough and informative coverage of the most current content required for an under graduate llb family law course, including key developments introduced by.
Family laws and regulations covering issues in south africa of divorce, finances on divorce, marital agreements, cohabitation and the. The effect of the constitution on family law the south african family law is regarded as a hybrid legal system, grounded in roman law, yet reflecting a variety of influences from other legal, customary and religious systems. That choice is given to her under south african law. Introduction to south african family law book, 2016. Ja robinson et al introduction to the south african law of persons 2008, 2nd edition, printing things. Dutch law was taken to be the basic law of the territory, and it still regulates most aspects of south african private law. South african family law is concerned with those legal rules in south africa which pertain to familial relationships. This constitution is the supreme law of the republic. South african family law 3 ed 2010 lexisnexis durban heaton j.
The sources of south african law relating to marriage, the dissolution of marriage and the welfare of children are. The first unit of study for business law 101 is an introduction to the subject. University of south africa muckleneuk, pretoria pvl2601120122015 98758411 3b2 the study guide reflects the law as at 1 august 2011. Links to family law and divorce law legislation in south africa.
Bertus preller maurice phillips wisenberg 20th floor, 2 long street, cape town, 8001, south africa telephone. Many of the general principles of our law come from the common law, eg the criminal law that says that murder and robbery. The notes at the end of this compilation include information about amending laws and the amendment history of provisions of the compiled. Study unit 1 introduction to south african law tristan. The south african family practice safp journal is the official journal of the south african academy of family physicians saafp, and is aimed at all saafp members including family physicians, registrars, associate members, students, working within primary care both private and public health sectors, as well as urban and rural practice settings within south africa and the wider region. Find south african family law 4th edition in south africa.
No special requirements are required for the conclusion of a engagement, which means that the contract can be concluded orally or in writing. The south african government committed to strengthening its family planning programs, service delivery, and policies in 2012. Historical foundations of south african law hfl1501 deals with the external and internal history of south african law. The engagement is a contract between a man and woman to marry each other on a specific or determinable date. South african law reform commission discussion paper on. Oxford university press family law in south africa. Read, highlight, and take notes, across web, tablet, and phone. Decisions up to the july 2015 law reports were considered for inclusion.
Handbook of south african law of maintenance is a concise exposition of the common law and statutory provisions relating to the law of maintenance. It is designed to reflect the content of an undergraduate llb. Study unit 1 this unit includes background of family law in a summarized form. Developments in south african family law jurisprudence under the 1996 constitution article in international journal of law policy and the family 172. Integrating the common law, statutory law, and constitutional perspectives, the text provides thorough and informative coverage of the most current content required for an under graduate llb family law course, including key. Access study documents, get answers to your study questions, and connect with real tutors for llb pvl2601. Recognition of domestic partnerships in south african law. This handbook is suitable for practitioners and justice officials as a ready reference to. Constitutional court of south africa southern african legal. Family law or matrimonial law incorporates family matters and domestic relationships such as marriage and civil unions, divorce and annulment, child custody and the best interests of the child, maintenance, child abuse and domestic violence. Family law 2020 laws and regulations south africa iclg. The government pledged to prioritize the strengthening of family planning services while emphasizing dual protection, and to develop standard operating procedures for community health workers to best promote family planning.
On studocu you find all the study guides, past exams and lecture notes for this course. As a general rule, south africa follows english law in both criminal and civil procedure, company law, constitutional law and the law of evidence. Family law in south africa ann skelton, marita carnelley. It may be defined as that subdivision of material private law which researches, describes and regulates the origin, contents and dissolution of all legal relationships between. An african customary marriage takes place without a civil marriage officer.
In a typical african country, the great majority of the people conduct their personal activities in accordance with and subject to customary law. In a concise manner, the publication also includes discussion of the implications of the constitution for family law. Free south african family law and divorce law ebooks on abuse, child support, maintenance, marital regimes, divorce and separation and marital property. The book provides an accessible introduction to the principles of the law of family. Dealing constructively with the inherent change, uncertainty and possibility within this area of law, the text provides the essential material in a comprehensive source and gives attention to linking up all of the concepts as a holistic whole. Before i received this book, i knew next to nothing about family law in south africa. It provides an overview of the sources and factors that have contributed directly or indirectly to the development of the south african legal system against the backdrop of the constitution of the republic of south africa, 1996. South african family law provides law students and practitioners with a thorough understanding of the principles of family law.
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