“Marriage is a matter of more worth / Than to be dealt in by attorneyship” (Shakespeare) Wedding Season is well and truly upon us, and if you (or anyone near and dear to you) is busy planning for marriage (note that we are talking “civil marriage” here, “customary marriages” and “civil unions” are beyond the scope […]
It’s Wedding Season – Three Questions to Ask Before You Marry Read More »
“Love is grand. Divorce is a hundred grand.” (Anon) That’s a great scenario whilst the marriage prospers, but what happens on divorce? A recent High Court decision addressed one such scenario – Trusts may be formed for a variety of reasons, and the purpose and structure of each trust will inform the choice of trustees.
Trusts on Divorce: Are You Stuck with an Ex-Spouse as Trustee? Read More »
“…the inequality at hand is caused when, after the conclusion of the marriage, a distortion is caused by the fact that one spouse contributes directly or indirectly to the others maintenance or the increase of the others estate without any quid pro quo.” (Extract from judgment below) You may have read of the recent High
New Ruling on Divorce Assets: How Does it Affect You? Read More »
“A prodigal is a person who, through some defect of character or will, squanders his or her assets with such abandon that he or she threatens to reduce himself or herself and/or her dependents to destitution” (extract from judgment below) What can you do when someone you know (often but not always an elderly relative
What Can You Do When Someone Close to You Has No Control Over Their Spending? Read More »
“Census data of 2016 reveals that approximately 3.2 million South Africans cohabit outside of marriage and that this number is increasing steadily.” (Extract from judgment below) What happens if your life partner dies without leaving you anything in their will (“Last Will and Testament”)? Do you have the same protections as married spouses do? A
Why Life Partners Still Need Cohabitation Agreements and Wills Read More »
Even if your marriage is collapsing around you, you might be afraid to sue for divorce because you have no money to survive on, plus you know that a hotly contested divorce might take years to finalise while your breadwinner spouse fights you tooth and nail every step of the way. How will you support
Divorce: Claiming Interim Maintenance and a Contribution to Legal Costs Read More »
“…sexual harassment is a heinous and horrendous conduct since it undermines the dignity of women and the values enshrined in our Constitution.” (Extract from judgment below) Employers have a strong duty to provide a safe workplace for their employees, and to protect them from harm – including sexual harassment. An employer who fails in this
A Victim of Sexual Harassment Must Report It “Immediately” Read More »
“Whilst the Act no longer uses the term “illegitimate child” this is implied by the reference to so-called children “born out of wedlock” which continues to perpetuate the common law distinction between so-called “legitimate” and “illegitimate” children. This reference is a stark reminder that we, as a nation, are still grappling with outmoded legal terminology
Unmarried Parents: A New ‘Notice of Birth’ Ruling for Fathers, with 3 Surname Choices Read More »
“The clean break principle after divorce has found resonance with our courts for many years. The aim of this principle is to ensure that the parties become financially independent of each other as soon as possible after divorce.” (Extract from judgment below) Our courts always prioritise the interests of children in any marital breakup, and
Spousal Maintenance After Divorce and the “Clean Break” Principle Read More »
“A journey is like marriage. The certain way to be wrong is to think you control it” (John Steinbeck) One of the most important decisions you must make before you marry is what “marital regime” (“matrimonial property system”) you want to apply to your marriage. To recap, you have three choices – Marry in community
Can You Change Your Marital Regime After Marriage? Read More »
