Foreign divorce order 

Enforcing a foreign divorce order against assets in South Africa With increasing global travel and work opportunities, many couples find themselves in cross-border marriages. Unfortunately, if the marriage breaks down, this can also mean a divorce in a foreign jurisdiction. The divorce proceedings may be finalised abroad – in the United Kingdom, Europe or elsewhere […]

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FAQs: International Divorce & Child Custody in South Africa

By Simon Dippenaar — Cape Town family lawyer | International divorce, cross-border custody & relocation. Summary When Answers Matter More Than Sleep It’s late. You’re scrolling for the truth about international divorce, custody, and what happens if someone leaves the country… with your child. Here are the five questions I’m asked most—and the answers you […]

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Double taxation risks in international divorces

Which piper do you pay if you divorce a spouse overseas? Setting aside the emotional upheaval, divorce is a complicated financial transaction. If one spouse lives overseas or the couple owns assets in more than one country, there are additional levels of complexity, especially when it comes to tax. One of the main financial risks […]

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Why South Africa Needs a Specialist Court for International Family Law

Imagine a seven-year-old child caught between two countries – one parent in South Africa, the other overseas – waiting anxiously as courts in different jurisdictions decide their fate. Months pass with no clear answers. The child’s life is on hold, and both parents are in limbo. This heart-rending scenario is not just theoretical; it reflects […]

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Who Has the Final Say? South African vs Foreign Care and Contact Orders

By Simon Dippenaar — Cape Town family lawyer | Cross-border care, contact & relocation Summary Two Courts, One Child Your child is everything. But what happens when two courts—one here, one abroad—both claim the right to decide where they live and who gets to be present in their life?Who has the final say? We unpack […]

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International and multicultural child care and contact

The importance of cultural sensitivity Child care and contact is always a delicate matter in any divorce case, involving bargaining, compromise, high emotional investment and, sometimes, considerable conflict. If one parent decides to relocate to another country after divorce, the negotiations can be even more fraught and complex. Sometimes international relocation will be in pursuit […]

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Navigating the complexities of international divorce

What to do if you and your soon-to-be-ex are different nationalities Is your spouse a foreign national? Or are you a South African married abroad? Divorce is a challenging process, and it becomes even more complicated when it involves more than one country. Whether you’re a South African married to a foreign spouse or a […]

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Hague Convention: gaps in South Africa’s application

How can South Africa speed up return of children? The Hague Convention on the Civil Aspects of International Child Abduction is intended to deter child abductions across international borders by parents or guardians. It sets out a framework for the prompt return of children to their country of residence, ensuring custody disputes are resolved by […]

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Cross-border custody: towards a more family-friendly system by 2030

International lessons for South Africa We live in a globally connected world. As we travel more, marriage across cultures and national borders becomes more common. But these marriages are no more immune from divorce than any other union. Sometimes cultural differences only emerge when children come on the scene, and child-rearing customs conflict. When a […]

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