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ANTE-NUPTIAL CONTRACTS
In South Africa there are 3 different types of marriage regimes: In Community of PropertyWith this regime the spouses share liabilities equally, as well as the assets of the joint estate. This regime does not afford the spouses protection against creditors as there is only one joint estate. Out of Community of Property with the…
Read MoreCAN A COMPANY’S DIRECTOR BE HELD LIABLE FOR COMPANY DEBT?
As a director of a company, you will be held liable in terms of the Company’s Act. As the Company’s Act permits the court to disregard the juristic personality of a company as a legal entity and thus pierce the corporate vail. If the court finds that any use of the company, any act by,…
Read MoreHow long do I have to DEFEND a SUMMONS?
By Lloyd Wegerlé Once you have received a summons, in terms of the Magistrate Court rules and the High Court rules, you have 10 working days to defend the summons. Should you fail to defend it, the party can apply for default judgement, which will result in judgement against your name. Same will be noted…
Read MoreHOW DO I CLAIM MAINTENANCE OR KEEP CONTACT WITH MY MINOR KIDS, AFTER DIVORCE?
MAINTENANCE APPLICATIONS We assist fathers and mothers of children to claim maintenance from the other biological parent; We assist people to claim maintenance from former spouses; We assist with applications where the children are raised by a grandmother or grandfather to claim maintenance from the biological parents; We assist elderly people that cannot maintain themselves…
Read MoreHOW TO OBTAIN A PERMIT TO TRANSPORT A MINOR CHILD ACROSS PROVINCES DURING THE NATIONAL LOCKDOWN
Divorces happen every day and most of the time a minor child or children are caught in between. In most cases, parental rights and responsibilities are awarded to both parents in divorce proceedings and both parents have equal rights to have contact with the child/children. This has become a huge problem since the start of…
Read MoreWhat you should know before applying for a homeloan.
What you should know before applying for a homeloan. The Covid 19 pandemic has drastically changed the landscape of the property market. We’ve seen many an investor come into financial distress due to non-payment of rental by tenants affected. Those tenants remaining in the units, with difficult recourse to evict, on account of the nationwide…
Read MoreCan a property transfer proceed even if there is a shortfall on the transaction?
The financial consequences of COVID-19 have had a severe impact on all of SA. Many employees were retrenched, temporarily laid off or received reduced salaries causing financial strain and being unable to maintain their monthly bond installments. Many home owners might find themselves in the position that they are obliged to sell their properties due…
Read MoreREMEDIES ON THE IMPACT OF COVID 19 ON FINANCIAL COMMITMENTS OF INDIVIDUALS AND BUSINESSES
The fact that Covid-19 has had an extreme impact in our economy is undeniable. Businesses and individuals are in dire need of solutions to the financial distress that they find themselves in. A lot of individuals and businesses were in distress even before the Covid-19 outbreak and the outbreak was the final blow. There may…
Read MoreRETRENCHMENT DURING LOCKDOWN
RETRENCHMENT DURING LOCKDOWN – “a drastic measure taken by the employer when everything else fail” The pronouncement of COVID-19 as a pandemic by the World Health Organisation, followed by the announcement of a national lockdown by President Cyril Ramaphosa, has brought about a new dawn in our economy, characterized by fear and insecurity on both…
Read MoreEVICTIONS DURING AND AFTER THE NATIONAL LOCKDOWN
In these uncertain times a lot of people are getting a reduced salary or no salary at all. This means that a lot of people will not be able to meet all of their obligations, more specifically pay their rent. This can be very frustrating to the landlords and they might want to take action…
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