"An Attorney near me" - Cape Town legal directory
lawyer@capetownlawyer.co.za or WhatsApp
Request Quote for family (Divorce) Lawyer
Children's care after you murder spouse
There was a case recently where a man was found guilty of murdering his wife and the mother of his two children. This article also appeared in a popular South African magazine. Who would look after the children in such a case when the man goes to prison? Do the children have rights to ask that from a constitutional viewpoint their father should not be locked up?
This case was that of Gordon Lorimer (33) who was convicted of culpable homicide for the death of his wife, Colette Lorimer. Mr Lorimer claimed that it was actually an accident when he grabbed his wife around the neck and she passed away. He also says that she had attacked him first, that she had a black belt in karate and that she was 40 kg heavier than him.
The couple had got married shortly after they met when Mr. Lorimer had moved into a house next door to Colette. They were happy at first, but problems started developing after their twin boys were born. Mr Lorimer says that his wife had suffered from post-natal depression. He says that he dropped the children at a care centre in the morning and fetched them after work and got up in the night to change and feed them.
On the night of her death Colette had apparently plucked one of the babies from his chair and put him down roughly. Mr Lorimer says that he asked his wife not to take her anger out on the baby. She attacked him apparently and he accidently choked her to death.
Mr Lorimer was convicted and sentenced to six years in jail, and his appeal has been rejected. All that he can hope for now is that the Constitutional Court may say that he doesn’t have to go to jail, as his children have rights to his parental care.
This kind of case could lead to a great deal of debate in our family law in South Africa if he is acquitted. Can somebody who takes another’s life be acquitted in order that he be there for his children, who no longer have their mother?
I would say that each case must be looked at individually. In this particular case it would seem as though the two boys, now seven, had forgiven their father for what he had done to their mother. The children appeared to have a good bond with their father, who still played a huge role in their lives.
From a Constitutional viewpoint children do have the right to parental care, and to grow up knowing their parents. In this particular case there is a good possibility it would seem, that the Constitutional Court rules in favour of Mr. Lorimer. Even though the children no longer have a mother, the court may find that they still have the right to grow up with their father.
Every child has the right to grow up with his or her biological parents, and this should always be encouraged by our courts. The only time that a parent should not be allowed to see the child is in the case of extreme misconduct or when he or she is a risk to the child’s safety.
Child-related divorce matters
Can a "band-aid baby" save a marriage?
Annexure A
If there are minor children involved, the divorce summons must have an Annexure A attached to it.
Custody of children upon divorce
Jurisdiction in child custody matter (e.g. if child moved to another province)
Joint decisions with respect to minor children
Using Rule 43 to apply for interim custody entitlement
Child custody for the father
Custody granted to unmarried father
When a child won't see his/her father or mother
An unborn child when divorcing
Grandparents & divorce
When Grandparents want custody ahead of parents
Challenging the family advocate report
Child custody post marriage
Application to terminate your ex's parental rights
Child custody if spouse murders spouse
Child maintenance matters
Maintenance & custody of adopteed children
Maintenance for the unborn child
Children suing for maintenance
Abduction & kidnapping of children
Abduction of a minor - Latest case law
The kidnapping of minor children by a parent
The international abduction of children from South Africa.
International divorces, children & overseas issues
Divorce when the children & spouse are overseas
Child contact rights for an overseas parent
When your child and ex move overseas - keeping contact
Other child-divorce matters
Handicapped children & the divorce rate
National register of those unsuited to working with children
Affairs
Affairs and their impact on divorce settlements.
Assets/debt and divorce
The duty to disclose your financials when divorcing.
Insufficent disclosure from a spouse on their assets/liabilities; the section 7 notice remedy (in terms of the Matrimonial Property Act)
Division of the joint estate in the event of a divorce.
- Antenuptial contracts
- When parties cannot agree on the accrual calculation; the court may appointment a referee to assist with the accrual calculation
- When parties cannot decide how to divvy the assets : The court may nominate someone to collect, realise and divide the estate (called a liquidator, receiver or curator).
- How affairs impact the division of assets on divorce
Movable assets - what to take if you move out.
Protection of assets using a trust
Divorce & pension fund assets
Divorce and pension fund payouts
Get your info directly from spouse's pension fund, not indirectly from your spouse.
Undisclosed Pension Interest at divorce results in amendment to divorce order
Pension interest in the accrual calculation, and the related tax liability
State pension fund is unconstitutional
Navy pension payout post-divorce
Property and divorce
Be careful with how you word the clauses about selling the property upon divorce
Should you move out of the matrimonial house prior to divorce?
Property in your spouse's name
When parents have rights to stay at the property you want to sell on divorce.
Life insurance, death & divorce
Life insurance & divorce in South Africa
Death in the middle of divorce
Divorce & future expenses
Divorce & Future medical expenses
Marriage (COP vs ANC), cohabition and Universal partnerships
Marriage in community of property
Short definition of a marriage in community of property
Forfeiture of benefits of marriage in community of property - Wijker v Wijker 1993
Kooverjee v Kooverjee
Rights for those in Universal partnerships
- Universal partnership: Asset sharing
- The distribution of assets from the dissolution of universal partnerships
Treatise on the Contract of Partnership: By Pothier ; with the Civil Code and Code of Commerce ... (1854)
Null declaration of customary union
Divorce orders
Vary or rescind a divorce order
Change divorce order without court application
Non-compliance with a divorce order
Spangenberg & Another vs De Waal; Rule 43 order is set aside
Perjury & forgery
Divorce: Forging spouse's signature
Divorce courts
Divorce cases in the Cape High Court
Annulment instead of divorce
What is annulment of a marriage?
What are the grounds for annulment of a marriage?
Family, Estate & notarial legal services