Family Law In The Modern Age
Presenters : Elgemé Haarhoff
Overview
The South African family law landscape is undergoing an unprecedented and rapid legislative and jurisprudential revolution. For senior attorneys and advocates advising high-net-worth clients, managing trusts, or structures involving significant family estates, these sudden shifts create immediate, multi-million-rand professional liability exposures. Advising on antenuptial agreements, divorce litigation, or estate administration using pre-2024 assumptions is no longer just outdated; it represents a profound risk to both client wealth and professional standing.
This webinar provides a comprehensive, rigorous analysis of the pivotal legislative amendments and recent superior court decisions that have reshaped matrimonial property, spousal maintenance, and asset protection. Key focal points include the operationalization of the Divorce Amendment Act 1 of 2024, the major redistributive changes under the General (Family) Laws Amendment Bill B20-2025, and a suite of groundbreaking 2025/2026 Constitutional Court, Supreme Court of Appeal, and High Court judgments. The session will dissect how the abolition of historical asset redistribution limits and the judicial willingness to override rigid antenuptial agreements impact legal practitioners, trust structures, and estate-planning frameworks.
Join Adv. Elgemé Haarhoff for a highly focused, practical briefing designed to equip legal professionals with the specialized knowledge required to advise clients in this volatile statutory environment, manage litigation risks, and align estate planning and trust structures with the latest 2026 jurisprudence.
Learning objectives
Attending this webinar will equip you with the following skills:
- Evaluate the retrospective redistribution and asset forfeiture mechanisms introduced under the Divorce Amendment Act 1 of 2024 regarding recognised Muslim marriages.
- Assess the practical impact of the General (Family) Laws Amendment Bill B20-2025 on court-ordered asset redistribution in marriages out of community of property, regardless of the wedding date.
- Formulate defensive client advisory and drafting strategies in light of the landmark Constitutional Court judgments in EB v ER and KG v Minister of Home Affairs, which struck down historical limitations on judicial asset redistribution.
- Navigate the strict procedural rules of Uniform Rule 43 and Rule 43(6) and apply the SCA precedent in B.E v N.T [2026] ZASCA 25 regarding the non-appealability of interim maintenance orders.
- Mitigate professional indemnity risks by aligning client antenuptial contracts, family trust structures, and corporate disclosures with the strict judicial standards established in VVC v JRM [2026] ZACC 2 and J.V.D.B v O.V.D.B [2026] ZAWCHC 136.
Content
The webinar will cover the following topics:
- The Legislative Revolution in Family Law (2024–2025)
- Constitutional Landmark Judgments
- SCA and High Court Family Law Developments (2026)
- Procedure, Mediation and Court Rules
- Family Law, Estates and Financial Risk Management
- Practice Guidance and Research Resources