Chris Fick & Associates

DIVORCE MAINTENANCE: CAN YOU CONTRACT OUT OF IT?

“The concept of chivalry is beyond his comprehension and lies dead and buried in his mind, if it ever existed” (Part of the Court’s scathing assessment of the husband in the judgment below) Generally, our laws hold us to the agreements we make with each other, but there are limits.  A recent High Court judgment, […]

ANTENUPTIAL CONTRACTS: WHAT HAPPENS IF A CONTRACT IS NOT REGISTERED?

In South African law, if you get married without having entered into an Antenuptial Contract before the wedding, you are automatically married IN COMMUNITY OF PROPERTY. That means that the assets and liabilities of both parties are combined in one estate, all eggs in one basket, with joint responsibility and decision-making. This is not a […]

YOUR HOUSE IN A FAMILY TRUST: WHAT HAPPENS TO IT ON DIVORCE?

“….. trust assets held by a trustee in trust, do not form part of the personal property of such trustee as a matter of law” (extract from judgment below) What happens if your home is registered in the name of a trust and you get divorced?  Do you get a share of the house’s value? […]

ARREAR MAINTENANCE: MUST YOU CHOOSE YOUR WEAPON?

“A maintenance order is granted to protect the vulnerable and ensure their support… the law seeks to promote an effective and accessible maintenance scheme … An effective maintenance scheme exists where maintenance ordered is paid and received without undue delay” (Savage AJ in judgment below). If you are struggling to recover maintenance from a defaulter, […]

YOUR MARRIAGE: WILL FOREIGN LAWS APPLY?

As pointed out in our November 2013 issue, a vital first step in planning your marriage is to choose which “marital regime” will apply to it (“in community of property”, “out of community of property with accrual” or “out of community of property without accrual”). But there’s more. Another question is easily forgotten, namely what […]

DESCRIBING MARITAL STATUS

When last did you fill in a form that didn`t ask you your marital status? It is important for most contracts that you disclose the property system governing your joint finances and mutual fiscal responsibility. Likewise, it is crucial for the people checking the forms, or making decisions based on your answers, to understand the […]

IT’S WEDDING SEASON, BUT BEFORE YOU TIE THE KNOT…

“Keep your eyes wide open before marriage, half shut afterwards” (Benjamin Franklin) Whether or not you elect to follow the second part of Ben Franklin’s advice, be sure to follow the first – keep your eyes wide open when choosing which “marital regime” will apply to your marriage. To ANC or not to ANC?  That […]