Family Law

Child Maintenance benefits are only available on our Platinum Membership option for the Main Member. We will pay the appointed Lawyer's fees for consultations to draft the relevant court documents, and for appearances in the Maintenance Court as per the LegalWise Schedule of Tariffs. We will pay for only 1 (one) maintenance matter over a continuous 1 (one) year period of paid-up Platinum Membership.

Proof establishing a Spouse is confirmed by submitting a certified copy of a marriage certificate, whilst an affidavit signed by both parties will be required in the case of a Life Partner. In addition to an affidavit, we may require independent proof of the life partnership, such as proof of joint bank accounts, joint debts and expenses. In both instances, the main Member and the Spouse or Life Partner must have been married or living together for the minimum duration specified in the Schedule of Insurance, which is 2 years. Note that the 2-year criterion must be met when both the Relevant Event occurred and when the Benefit is claimed.

• In the event a couple is unable to conceive and/or give birth to a child due to a medical condition that is permanent and irreversible, they may consider surrogacy.
• Surrogacy is where a woman (“surrogate”) voluntarily undertakes to be artificially inseminated in order to bear and give birth to a child on behalf of another person or couple, also known as the commissioning parent/s.
• Surrogacy is strictly regulated by the Children's Act, which sets out the procedure and requirements for surrogacy to ensure that it is legal.
• In order for surrogacy to be legal, all parties concerned must enter into a written surrogate motherhood agreement that must be confirmed by the High Court within whose area of jurisdiction the commissioning parent/s are domiciled or habitually resident. 
• A surrogate has no parental rights and responsibilities over the child and cannot keep the child or take him/her back in the future.
• A surrogate may terminate her pregnancy in terms of the Choice of Termination of Pregnancy Act. However, the surrogate must inform and consult the commissioning parent/s of her decision to terminate the pregnancy before the termination is carried out.
• Surrogacy is voluntary and a surrogate is not allowed to receive payment or gifts with the intention of coercing her to become a surrogate. The commissioning parent/s may pay for expenses during the pregnancy.

• It is not a legal requirement for a woman to change her last name to her husband's once they get married.
•  Although it is generally required to apply at the Department of Home Affairs to change a surname, no application is necessary in the following circumstances:
  • where a woman assumes the surname of her husband;
  • where a divorced woman or a widow, resumes any surname she had previously, such as her maiden name;
  • where a woman adds another surname to her current surname after marriage, such as a double-barrelled surname.
•  If a woman decides to assume a different surname in one of the abovementioned circumstances, she must still notify the Department of Home Affairs in writing of same to update the population register.

To determine the qualifying criteria to be a Life Partner, the Membership Agreement refers to the Schedule of Insurance, which requires that you must have been living with the main Member if you were married by civil rights, customary law, or living together as life partners. This period is specified to be 2 years to ensure that multiple partners do not enjoy the benefit while not in a lasting relationship with the main Member.