On 22 April 2025, the Judge President of the Gauteng Division of the High Court announced a major change: mediation is now compulsory for civil matters. This shift aims to ease pressure on the court system and help people resolve their cases more quickly and affordably. Why This Change Was Needed The Gauteng High Court is overwhelmed. Some civil trial dates are only being scheduled for 2031 — a six-year wait for justice. This kind of delay not only slows the legal process, but also affects people’s lives. The Judge President called this situation “unacceptable” and said it must change. In a media statement released by the Office of the Chief Justice, it was revealed that less than 10% of matters on the court roll actually require a judge’s decision. Most are either settled at the last minute or do not involve triable issues. A court sample in March 2025 showed that in Pretoria alone, of the 339 matters on the roll, only 11 required judicial attention. The rest were either settled, postponed, or removed. These numbers paint a clear picture: the court is flooded with matters that could — and should — be resolved outside the courtroom. The goal of the new directive is to fix the backlog and ensure that cases get sorted out faster — especially the ones that don’t need a full court trial. The rule applies to all civil matters — from family law and contract disputes to Road Accident Fund (RAF) claims. These RAF claims involve people who were injured in car accidents and are trying to get compensation. Many of these cases could be handled without going to court, which would help free up space for more serious or complex matters. What Does the New Rule Say? Starting 22 April 2025, no civil trial date will be given to any new actions issued after the effective date unless the parties first go through mediation and submit a report from the mediator. This rule is designed to help the courts deal with the massive backlog of cases. The idea is simple: try to settle the matter early, and only go to court if you absolutely have to. For now, during the transitional period (2025–2026), the rule depends on the type of case: RAF matters in 2025–2026: Some trial dates stay intact, but a mediator’s report must still be submitted before the trial. From 2026 onward, all RAF trial dates are cancelled unless re-applied with a mediator’s report. Other civil matters in 2025–2026: Trial dates in 2025 stay intact. For 2026, a mediator’s report must be handed in at least 30 court days before trial. If not, the case will be removed from the roll. All matters in 2027: All trial dates allocated after 1 January 2027 are removed from the roll and parties are bound by the directive. Will Mediation Actually Help? The statistics from the courts suggest that it can. In Johannesburg, a recent study showed that out of 59 civil matters on the trial roll, only two went ahead for trial — the rest were either settled or resolved with draft orders. With more than 85% of matters not requiring a judge, mandatory mediation could help people get results faster, while freeing up space in the court for cases that truly need it. But for this to work properly, a few things need to be in place: There must be enough qualified mediators who are affordable and easy to access. Both parties must take the process seriously and try to reach a solution. Mediators will need to file reports, and this could lead to court challenges, especially if one side feels they weren’t treated fairly. This might make some mediators nervous about what they include in their reports. What Clients Should Expect If you’re involved in a civil case, this change will likely affect your journey. Here’s what to keep in mind: Faster results: Mediation could save you years of waiting. Extra costs: You’ll need to pay for mediation upfront, in addition to legal fees. New approach: Your lawyer will help you prepare differently, because mediation is now a required step. Trial date changes: If your case was set for 2027 or later, that date is now cancelled. You’ll need to go through mediation first and apply for a new date. A Mindset Shift for Everyone Mediation isn’t new — but making it mandatory is. It means lawyers and clients alike need to change how they approach disputes. Instead of preparing for a long trial from day one, they’ll need to focus on trying to settle early. The Judge President confirmed that mediation does not replace your right to a fair trial — it simply asks you to try resolution first. If mediation doesn’t work, you can still go to court. But you must go through the process in good faith. If this new system is embraced properly, it could take pressure off the courts and help thousands of people get legal outcomes faster and with less stress. But for that to happen, everyone involved — lawyers, clients, and mediators — needs to engage with the process fully.
Civil Unions in South Africa: Rights, Recognition, and Legal Realities
A Brief History of Civil Unions When South Africa passed the Civil Union Act 17 of 2006, it became one of the first countries in the world to legally recognize same-sex partnerships with the same rights as traditional marriages. Today, civil unions remain a vital legal mechanism for couples — same-sex or opposite-sex — who wish to formalize their relationship outside the framework of the Marriage Act. Legal Parity with Marriage Yet despite legal equality, confusion remains. Many still believe civil unions are a lesser form of marriage, or that they carry different legal consequences. In reality, a civil union is legally equivalent to marriage in almost every respect. Couples entering into a civil union can choose to marry in or out of community of property, elect the accrual system, and must consider the implications of antenuptial contracts, just as with any marriage. What Legal Rights Do Civil Unions Provide? From a legal standpoint, civil unions entitle both parties to the full range of rights enjoyed by married spouses. This includes inheritance, spousal maintenance, pension benefits, and medical aid recognition. The union is also recognized by Home Affairs, SARS, pension funds, and South African courts. Civil Unions in Numbers Statistically, civil unions are not yet widespread, but they are growing. According to Stats SA, 921 civil unions were registered in 2022. Since the act came into force, more than 16,000 civil unions have been recorded, with numbers climbing steadily each year. Correcting Common Misconceptions There are still misconceptions that need correcting: Civil unions are not exclusive to same-sex couples. Since 2020, opposite-sex couples can also opt for civil unions in place of traditional marriage. An antenuptial contract remains just as important in a civil union — property regimes matter, and a formal agreement can protect both partners if the relationship dissolves. Whether you’re formalizing a long-term relationship or planning a future together, entering into a civil union should not be done without careful consideration and legal clarity. Civil unions offer couples the full protection of the law — but that protection is strongest when supported by the right legal structure.
Child Adoption in South Africa: What the Law Says, What the Stats Reveal, and How to Start the Process
Adoption is one of the most meaningful ways to grow a family — but in South Africa, it’s also one of the most misunderstood. Legal, emotional, and procedural hurdles often stand in the way of prospective adoptive parents, while thousands of children remain without permanent homes. This article explores how adoption works in South Africa, the legal framework, challenges in the system, and why now — more than ever — there’s a growing need for safe, loving families to step forward. The State of Child Adoption in South Africa According to the National Department of Social Development, the number of formal adoptions has declined sharply over the last decade. In 2004, over 2,800 adoptions were recorded. By 2022, that number had dropped to fewer than 1,200 adoptions per year — a 60% decline in under two decades. Meanwhile, estimates suggest that over 3 million children in South Africa are classified as orphans or vulnerable, with thousands living in foster care or child and youth care centres. This gap highlights a painful reality: there are many children who need families, and many families who want to adopt — but the system is difficult to navigate. The Legal Framework for Adoption in South Africa Adoption is governed primarily by the Children’s Act 38 of 2005. According to this law: A child may be adopted by a single person, a married couple, or life partners (including same-sex couples). The child’s best interests must always be the primary consideration. The child must be under 18, and both biological parents (if known) must give written consent, unless rights have been terminated by a court. Prospective adoptive parents must undergo screening, including: Background checks Psychosocial assessments Parenting evaluations Once the process is complete, a court order finalises the adoption, granting the child the same legal rights as a biological child. Types of Adoption in South Africa Related Adoption – A step-parent or relative adopts a child Unrelated / Non-kin Adoption – The adoptive parent is not biologically related Agency-Assisted Adoption – Facilitated through a registered adoption agency Intercountry Adoption – Where one or both adoptive parents are non-South African citizens (heavily regulated) Why Are Adoption Rates So Low? Despite the legal clarity, the following factors contribute to the decline in adoptions: Strict compliance regulations and red tape Lengthy timeframes (12–18 months on average) Lack of awareness about eligibility and process Preference for foster care over adoption by some social workers Cultural taboos or misconceptions in communities The Role of Legal Support in Adoption Because of the complexity of South Africa’s legal and regulatory system, it’s vital for adoptive parents to work with an experienced family lawyer to: Ensure the process complies with the Children’s Act Protect the rights of the child and the parents Navigate issues like untraceable parents, contested consent, or intercountry adoptions Reduce delays and prevent unnecessary rejections Adoption may be complex — but it is also life-changing. At Shapiro & Haasbroek Inc., we offer trusted, compassionate legal guidance to families growing through adoption. If you’re considering adopting a child or simply want to understand your rights and responsibilities, we’re here to walk the journey with you.
What Happens If You Leave It Too Late? The Legal and Emotional Consequences of Delaying Divorce
Divorce is one of the most emotionally complex and legally significant decisions a person can make. In South Africa, many individuals hesitate to pursue legal separation due to emotional uncertainty, financial fears, or the hope that things may still improve. But what many don’t realise is that delaying divorce — or failing to formalise a separation legally — can lead to significant and sometimes irreversible consequences. From asset risk and parental disputes to emotional burnout and legal vulnerability, the cost of “waiting until later” can be steep. At Shapiro & Haasbroek Inc., we’ve advised hundreds of clients navigating the early stages of separation. Here’s what you need to know if you’re considering divorce but haven’t taken legal steps yet. 1.Emotional Toll: Prolonged Stress Can Cloud Your Judgement Living in a high-conflict or emotionally strained environment affects more than just your mental health. It can influence your ability to make clear, rational decisions during the divorce process — leading to rushed settlements or poorly negotiated terms. Key Insight: Emotional burnout often leads to reactive rather than strategic decision-making — especially when it comes to childcare or asset division. 2.Financial Exposure: Joint Debt Doesn’t Vanish Many people believe that moving out or separating informally protects them from shared financial responsibility. It doesn’t. Unless legal agreements are put in place, you may still be: Liable for joint debt (e.g. credit cards, home loans) Exposed to unauthorised withdrawals or financial misconduct. Denied access to shared assets or bank accounts. 3.Children Are Left Without Structure One of the most common reasons couples delay divorce is “staying for the kids.” While the intent may be noble, the reality is that children thrive on clarity and structure — not silent tension or unresolved conflict. Without a parenting plan or formal custody agreement: Access arrangements may become chaotic or disputed. Schooling, healthcare, and religious choices may be unclear. One parent may make unilateral decisions without legal authority. Legal Advice: A well-drafted parenting plan reduces emotional strain and protects the best interests of the child in accordance with South African law. 4.Verbal Agreements Have No Legal Weight It’s common for separated couples to make verbal arrangements about maintenance, living arrangements, or division of property — especially when trying to “keep things civil.” Unfortunately, verbal agreements only creates a status quo. If things go sour or one party changes their mind, there’s little legal recourse unless the agreement is in writing and signed. 5.Delaying Reduces Your Legal Options The earlier you involve a family law attorney, the more legal tools you have available — including negotiation strategies, asset protection mechanisms, and clear advice on rights and responsibilities. Clients who wait too long often find themselves in a defensive position, with limited leverage and emotional exhaustion. 6.Informal Separation Can Damage Your Case In South African law, failing to take action doesn’t put divorce proceedings “on hold” — it simply leaves you legally exposed. You may: Lose time-sensitive financial rights. Lose relevant documentary proof. We understand that the first step is often the hardest. That’s why we created a FREE Divorce Survival Guide to help individuals in South Africa understand their rights, their risks, and the steps to take — before things escalate. Whether you’re contemplating divorce, informally separated, or unsure where to begin, this resource provides practical, confidential guidance from experienced family law professionals. Download the Divorce Survival Guide If you’re asking yourself: “Do I need a divorce lawyer if we’re separated but not fighting?” “How do I protect my children and my assets before filing for divorce?” “What are the first legal steps when preparing for divorce?” …this guide is for you. Download the Divorce Survival Guide here or contact our office for a confidential consultation with a member of our Family & Matrimonial Law team. Delaying divorce may feel easier in the moment, but it often results in far greater legal, emotional, and financial consequences. Whether you’re ready to proceed or simply seeking clarity, the most strategic step is to get legal advice early — and ensure that your future is protected, not postponed. At Shapiro & Haasbroek, we’re here to help you move forward with strength, knowledge, and peace of mind.
Why Every Adult Should Have a Will: It’s More Than Just Money
When most people think of a will, they picture an elderly individual signing off on who gets what of their wealth. But here’s the reality: wills aren’t just for the rich, elderly, or terminally ill — they’re a crucial part of planning for any adult, regardless of age, income level, or assets. In fact, a 2022 study by Sanlam revealed that only 30% of South Africans have a valid will, leaving the remaining 70% at risk of dying intestate (without a will). That’s a staggering number—especially when you consider that dying without a will can leave your family in a legal and emotional limbo. What is a Will, really? A will is far more than just a legal formality. It’s a blueprint for your legacy. It tells the people you leave behind how you want your estate—your money, home, belongings, and even pets or businesses—handled after you’re gone. More importantly, it puts you in control. Without a will, the South African laws of intestate succession take over, meaning your assets will be distributed according to a predefined formula. This may go against your actual wishes, especially if you’re unmarried, in a blended family, or have dependents outside the traditional nuclear structure. The Importance of Having a Will in Today’s World In today’s fast-paced, digitally connected world, family structures and asset types are becoming more complex. People own cryptocurrencies, digital businesses, intellectual property, and global investments — all of which need to be accounted for in an estate plan. At the same time, traditional family setups are evolving. Unmarried life partners, stepchildren, and cohabiting adults are more common than ever, yet South African intestate laws don’t automatically protect these individuals. Without a will, people who meant the most to you might be left with nothing. Guardianship for Minor Children: One of the Most Overlooked Aspects If you have children under 18, one of the most powerful parts of a will is the ability to appoint a legal guardian. Without one, the court will decide who raises your children. Even if your intentions were verbally clear, they won’t be honoured unless documented legally. In a country where over 11 million children are raised by single parents, according to Stats SA, this becomes even more vital. Your will ensure your children are raised by someone you trust, in an environment you’ve chosen. Beyond the Basics: Your Will Can Say More Than “Who Gets What” A will can (and should) go beyond financial inheritance. You can: Leave personal items to specific individuals (like jewellery or heirlooms). Allocate donations to causes close to your heart. Include wishes regarding how your business should be run or sold. Provide for the care of pets or dependents with special needs. Specify how you want your digital accounts handled. The Role of the Executor: Managing Your Final Affairs Your will also allow you to nominate an executor, the person responsible for carrying out your wishes and handling your estate. This includes everything from paying outstanding debts and taxes to transferring property. Appointing a trusted and capable executor can prevent unnecessary delays and disputes. Drafting a Legally Valid Will: Why DIY Isn’t Always Enough While it may be tempting to download a template or write your will on a napkin, South African law has strict requirements for what constitutes a valid will. These include signatures, witnesses, and clear language. Mistakes can lead to a will being declared invalid — nullifying all your efforts. Working with a legal professional ensures your will is not only legally compliant but also tailored to your unique situation. A Gift to Your Loved Ones Creating a will isn’t a morbid task — It’s one of the most selfless and loving acts you can do for your family. It removes guesswork, reduces the risk of conflict, and gives your loved one’s clear direction in one of the most difficult times of their lives. No matter your age or financial status, the time to draft a will is now. As life changes — marriage, divorce, the birth of a child, or buying a home — your will should evolve too. A will is not just a document. It’s peace of mind, a protection plan, and a legacy blueprint. Start the conversation. Ask the hard questions. And take the first step in protecting your family’s future today.
How a Postnuptial Agreement Can Protect Your Assets
A postnuptial agreement is a legally binding contract between spouses that defines how assets and liabilities will be divided in the event of divorce or death. Unlike a prenuptial agreement, which is signed before marriage, a postnuptial agreement is entered into after the couple has already tied the knot. One of the key benefits of a postnuptial agreement is asset protection. It allows couples to clarify financial responsibilities, protect individually owned property, and safeguard business interests. This is particularly valuable if one spouse acquires significant wealth during the marriage or if circumstances change, such as inheriting family assets. For couples married in community of property, a postnuptial agreement can be used to change their marital regime to out of community of property with accrual, ensuring financial independence. Additionally, it can prevent disputes by establishing clear terms on debt responsibility and spousal maintenance. A well-drafted postnuptial agreement provides peace of mind, ensuring fairness and financial security for both parties. To make it legally binding, it must be executed with legal assistance and registered through the High Court. If you’re considering a postnuptial agreement, consult with an experienced family law attorney to safeguard your financial future.
The Divorce Process in South Africa: What to Expect
Divorce is a significant life event that can be emotionally and financially challenging. Understanding the legal process can help ease some of the stress associated with ending a marriage. In South Africa, divorce laws are governed by the Divorce Act 70 of 1979, and the process can vary depending on whether the divorce is contested or uncontested. This comprehensive guide will walk you through everything you need to know about the divorce process in South Africa, from the initial filing to finalization. Grounds for Divorce in South Africa In South Africa, the law recognizes three main grounds for divorce: Irretrievable Breakdown of the Marriage – The most common reason for divorce. A marriage is considered irretrievably broken if there is no reasonable prospect of reconciliation. Courts consider factors such as prolonged separation, adultery, abuse, and lack of communication. Mental Illness – If one spouse has been institutionalized for at least two years and a medical practitioner confirms that there is no chance of recovery, divorce may be granted. Continuous Unconsciousness – If a spouse has been in a persistent vegetative state for at least six months and medical evidence supports no prospect of recovery, the other spouse can file for divorce. Types of Divorce in South Africa 1. Uncontested Divorce An uncontested divorce is the simplest and fastest type of divorce. Both spouses agree on key issues such as child custody, maintenance, and division of assets. Because both parties cooperate, legal costs are significantly lower, and the process can be completed within four to six weeks. 2. Contested Divorce A contested divorce occurs when spouses cannot agree on terms, leading to court intervention. This type of divorce is more complex, costly, and time-consuming, often taking months or even years to finalize. The court will make rulings on disputes regarding finances, custody, and other issues. 3. Divorce by Default If one spouse files for divorce and the other does not respond within the specified legal timeframe, the court may proceed with a “default divorce.” This means the divorce is granted based on the petitioning spouse’s request and evidence. The Divorce Process: Step by Step Step 1: Consulting a Divorce Lawyer Before filing for divorce, it is advisable to consult an experienced family law attorney. A lawyer will help assess your case, explain your rights, and guide you through the process. If the divorce is uncontested, some couples choose to use a mediator instead of a lawyer. Step 2: Drafting and Filing the Divorce Summons To initiate divorce proceedings, the plaintiff (the spouse filing for divorce) must draft and file a divorce summons at the relevant court. The summons outlines the details of the marriage, the reason for divorce, and any requests regarding asset division, custody, and maintenance. The summons must be served to the defendant (the other spouse) by a sheriff of the court. The defendant then has 10 days (if in the same jurisdiction) or 20 days (if in a different jurisdiction) to respond. Step 3: The Defendant’s Response The defendant has three options: Agree to the Divorce Terms – If both parties agree, they can draft a settlement agreement and submit it to the court for approval. Contest the Divorce – If the defendant disputes any terms (e.g., custody, maintenance, asset division), the divorce becomes contested. Fail to Respond – If the defendant does not respond within the given timeframe, the court may proceed with a default judgment in favor of the plaintiff. Step 4: Negotiation and Mediation (If Contested) If there are disputes, both parties may attempt to resolve them through negotiation or mediation. Mediation is a structured process facilitated by a neutral third party who helps spouses reach a fair agreement. If an agreement is reached, the case can proceed as an uncontested divorce. Step 5: Court Proceedings (If Contested) If mediation fails, the case goes to trial. Each spouse presents evidence and arguments before a judge, who will make a ruling on issues such as child custody, maintenance, and division of assets. Contested divorces can take several months or even years, depending on the complexity of the case. Step 6: Finalizing the Divorce Once the court is satisfied with all legal and financial matters, it issues a divorce decree. This document officially dissolves the marriage and outlines the terms of the divorce settlement. The decree is legally binding, and both parties must adhere to its conditions. Key Aspects of a Divorce Settlement 1. Division of Assets The division of assets depends on the marital property regime: In Community of Property – Assets and liabilities are shared equally unless a court rules otherwise. Out of Community of Property (with or without Accrual) – The division depends on the couple’s prenuptial agreement. 2. Child Custody & Parental Responsibilities The Children’s Act prioritizes the best interests of the child. Custody can be: Sole Custody – One parent has full responsibility for the child. Joint Custody – Both parents share responsibilities and decision-making. Primary Residence & Visitation Rights – The child primarily resides with one parent, while the other has visitation rights. 3. Maintenance (Alimony & Child Support) The court may order: Child Maintenance – The non-custodial parent must contribute financially to the child’s upbringing. Spousal Maintenance – In some cases, one spouse may be required to provide financial support to the other for a set period. Common Challenges During Divorce 1. Emotional & Psychological Impact Divorce can be emotionally draining. Seeking support from a therapist or counselor can help individuals cope with the stress and changes. 2. High Legal Costs Contested divorces can be expensive due to legal fees and extended court proceedings. Mediation is a cost-effective alternative. 3. Disputes Over Assets & Custody Disagreements over finances and children often prolong the divorce process. Seeking legal guidance and mediation can help resolve disputes amicably. 4. Enforcement of Court Orders In some cases, a spouse may fail to comply with court-ordered maintenance or custody agreements. Legal action may be necessary to enforce compliance. Divorce is a complex legal process,
