Divorce: Remember to review your will!
“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 from judgment below) Most people when making wills and estate plans will lean […]
Buying a property: Check the seller’s marital status!
“…a third party is expected to do more than rely upon a bold assurance by another party regarding his or her marital status” (quoted in judgment below) If you are taking advantage of our current low interest rates and reduced selling prices to buy a property, make sure that you establish the seller’s marital status […]
Changing your surname – Your choices on marriage, divorce and widowhood
“What’s in a name? That which we call a rose By any other name would smell as sweet” (Shakespeare) You cannot lawfully use any surname in South Africa other than the one shown in the National Population Register (NPR), and trying to do so will land you in a lot of hassle and probably in legal […]
GETTING MARRIED? DON’T FORGET THE LEGAL CONSEQUENCES
“A good wife always forgives her husband when she’s wrong” (Rodney Dangerfield) With Wedding Season in full swing, here’s a timely reminder – take legal advice on choosing one of the three “marital regimes” available to you in our law before you actually tie the knot. That’s important because if you don’t specify otherwise in […]
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, […]
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 […]