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Should you partner in business with family or friends?
November 2016
You realisethe benefits of joining forces with like-minded individuals who could bring new skills, talents, perspective and value to your business. It is only natural to consider family or friends you have known and trusted for most of your life.The question is: is it wise to go into business with family or friends?


5 Things to Do Before Filing for Divorce
November 2016
The decision to get a divorce is one of the most crucial conclusions a person can make with consequences that last for years or even a lifetime, however most couples begin this process unprepared and are often not on the same page about how the proceedings should be rolled out. This could also be because of the assumption that the sooner one can get out of a stressful situation the better, which unfortunately is usually not the case as this process can be dragged out for months or years.


Are couples who Live Together a Common Law Husband & Wife?
October 2016
There is no such thing as a common law wife/husband. What there is, is called a Universal Partnership and the courts could find that a couple is in a Universal Partnership.


Beware of Bashing your Ex in Social Media
September 2016
The perfect, easy divorce is the exception to the rule! Many divorces turn ugly very quickly. Emotions run high as one or both parties do not agree on the primary residency of the children, or deliberately inflame or exaggerate things to children, family and friends in a misguided attempt to get everyone on their side.


The trauma of Divorce: you need a strong experienced lawyer
February 2016
It is of equal importance that the person you consult is a specialist in family law. A number of attorneys indulge in 'part-time' divorce work and therefore are not up to date with the latest case law and new legislation. Ironically, smaller law firms are more likely to have family law specialists than the larger ones.


Taxation Laws Amendment Act
January 2016
The Act was promulgated on 8 January 2016.

This document summarises all the significant amendments as it relates to retirement funds and estate planning. A separate document will be circulated shortly with a more in depth discussion of the retirement fund changes that are being introduced.


Garnishee Orders - are 2 million of them now invalid?
Novemeber 2015
The problem lies in the Magistrate's Court Act, which governs the issue of garnishee orders. It imposes no limit on the number of orders that may be granted against a debtor, nor any limit on the amount that may be deducted.

Moreover, these orders can be issued by clerks of court giving rise, in at least some district courts, to a "rubber stamping" exercise based solely on whether a debt judgment has been obtained or not.


Divorce and your will.
November 2014
In the event of your death without a will, your estate will be divided in accordance with the Intestate Succession Act, this means that you have absolutely no say in how your estate gets distributed.

By drawing up a legally binding will, you eliminate most uncertainties regarding the administration of your estate, namely the appointing of an executor of your estate, which beneficiaries get what, what happens to your minor children’s bequests and/or tax implications.


ARBITRATION OF FAMILY & SEPARATION ISSUES
May 2013
Arbitration in South Africa is governed by the Arbitration act. The act prohibits the use of arbitration in family law matters.

However with the proposal of the new draft bill, contained in clause 5(1) it suggests that arbitration can be used in matrimonial issues regarding property disputes that do not affect the rights or interests of any minor child of the marriage.

The current prohibition on arbitration not being a recognised method in family law issues can indeed be construed to be unbeneficial to parties and also against public policy. This is founded on the fact that litigation is a very complex method.

It is very costly, it is time consuming as there still has to be exchange of pleadings between parties before obtaining a court date and having to deal with the possibility of postponements.


ARREAR, CURRENT AND FUTURE MAINTENANCE PAYMENTS
May 2013
Issuing a warrant of execution against a pension fund for arrear maintenance payments of a debtor has been possible.


REHABILITATIVE MAINTENANCE
July 2012
The payment of rehabilitative maintenance has come about as a result of the “clean break” principle favoured by our Courts.


WHAT IS A RULE 43 APPLICATION
January 2012
How do you survive until the divorce is finalised? How do you afford an attorney?