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Filter: Family
Can an unmarried father register a child under his surname?

15 November 2021

I’m the father of a newborn daughter. The mother, to whom I’m not married, disappeared immediately after birth leaving me... as sole parent of my daughter. Because I don’t know where the mother is I cannot get the mother’s consent. Without this consent Home Affairs does not want to register my daughter under my surname. I have no idea what to do now. Can you help?

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342
Article
Safeguarding children’s rights during divorce

17 April 2018

Divorce and the resulting challenges regarding child custody and the responsibilities of parents can be an ugly and difficult process.... This is especially true of the children whose emotional and physical wellbeing would have to be taken into account during the entire process. However, the office of the Family Advocate offers an efficient and free service with the wellbeing of the child in mind.

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468
Article
Is spanking your child unlawful?

08 March 2018

I saw it reported in the news recently that spanking your child has finally been criminalised. Is this true? Will... this not result in overloading our justice system even more than it already is?

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336
Article
Pension interest and divorce

14 December 2016

I’ve been married for 20 years, but my marriage is in trouble and I’m facing the very real possibility that... I may get divorced soon. My husband has a good pension that we’ve planned to use for our retirement, and I am worried that I will not be entitled to any share of that should we get divorced because we are married out of community of property with the accrual? Will this be the case?

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388
Article
Can my husband also be my business partner?

12 September 2016

My husband and I are married out of community of property and without the accrual. For the last ten years... we have both worked together in our family business. Due to health reasons, my involvement in the business is becoming less. Our marriage is also upon difficult times, and I am concerned that should we end up in a divorce, whether I would be entitled to share in the profits of the business which we have built up together.

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337
Article
Can my child become an Aussie without daddy’s consent?

02 June 2016

I am recently divorced. I want to permanently relocate to Australia with my two minor children as I have obtained... a wonderful work opportunity which will benefit myself and my children tremendously. However, my ex, the father of my two children, refuses to give his consent, despite the fact that the children reside with me. Do I need his consent to take them with me?

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356
Article
Can I inherit if not formally adopted?

13 October 2015

I have been raised as the only child by parents who are not my biological parents. Although I regard them... as my true parents, I was never formally adopted by them. They are both in ill-health and I don’t think they have a will. They don’t have much, but I am concerned that if they die I will lose the possessions that they do have. Will I be able to inherit from them when they pass away?

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371
Article
When are you legally married?

13 October 2015

My husband and I got married 11 years ago. I now want to get divorced, but according to the Department... of Home Affairs we have never been married as they cannot find any marriage certificate. How is that possible? Did the minister not register it? What now? 

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445
Article

BEST LEGAL Q&A 2021, EDITION 6

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BEST LEGAL Q&A 2021, EDITION 6

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