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Category

//Family Law

Divorce: What is Forfeiture of Benefits and When is it Ordered?

26 Jul 2023
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“So often, a party in a divorce is so aggrieved and upset by their spouse’s behaviour during the marriage, and rightfully so, that they cannot fathom having to give up an asset or let their spouse benefit in any way, upon divorce. We have had numerous spouses wanting us to...

Maintenance Claims and Life Partners

26 May 2023
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More and more couples are opting to live together as permanent life partners rather than enter into a formal marriage. The risk for such couples is that whilst our law is steadily (if slowly and cautiously) extending many of the protections of formal marriage to unmarried life...

Divorce: Remember to Review Your Will!

24 Apr 2023
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“It has long been a foundational principle of our common law and the legislation that has governed the law of testamentary succession that a will, properly executed, is the document that authoritatively reflects the genuine and voluntary dispositions of a testatrix.” (Extract...

It’s Wedding Season – Three Questions to Ask Before You Marry

26 Oct 2022
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“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” a...

Trusts on Divorce: Are You Stuck with an Ex-Spouse as Trustee?

27 Jun 2022
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“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...

New Ruling on Divorce Assets: How Does it Affect You?

26 May 2022
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“…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 other’s maintenance or the increase of the other’s estate without any quid pro quo.” (Extract...

What Can You Do When Someone Close to You Has No Control Over Their Spending?

29 Mar 2022
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“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...

Why Life Partners Still Need Cohabitation Agreements and Wills

26 Jan 2022
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“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...

Divorce: Claiming Interim Maintenance and a Contribution to Legal Costs

04 Jan 2022
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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....

A Victim of Sexual Harassment Must Report It “Immediately”

04 Jan 2022
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“…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...
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