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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Child’s passport and international travel after divorce

Quick answer: can you travel abroad with a child after divorce? Usually, the first questions are whether the child has a valid passport, who holds guardianship, whether every guardian consents to the trip, and what documents the airline, destination country and South African border authorities require. Divorce does not automatically give one parent sole authority […]

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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

Quick answer: how does the Hague Convention work in South Africa? The Hague Convention on the Civil Aspects of International Child Abduction operates in South Africa through Chapter 17 of the Children’s Act 38 of 2005. It provides a civil process for the prompt return of a child wrongfully removed from, or retained outside, the […]

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