Antenuptial contracts are not just for divorce Are you considering marriage? If so, you may have been advised to think about an antenuptial contract (ANC). Historically, marriages in South Africa were entered into in community of property, meaning the marital estate was a jointly held collection of assets. As long as the couple remained married, […]
Understanding the rights of donors and the legal status of joint estate contributions Young couples – and sometimes not-so-young couples – are often the grateful recipients of generous financial donations from family members who want to help the couple on their married journey, particularly in the current economic climate where a lump sum for a […]
Vehicles, art collections, antiques, jewellery and wine Divorce is never a word spoken lightly. Whether a marriage has lasted five years or 50, the end of what was meant to be a lifelong partnership is difficult. We’ve written about child custody and a range of issues parents of minor children have to consider when they […]
Don’t ignore a maintenance order! When a couple divorces, a requirement to pay maintenance is often included in the divorce arrangement. This could be spousal maintenance, child maintenance, or both. While there is not always a court order involved, when one is in place it is legally binding. In maintenance disputes, a court order can […]
Purpose and benefits of antenuptial contracts If you’re thinking of getting married, you may wonder if you need an antenuptial contract (ANC or, colloquially, pre-nup). Or perhaps a friend or relative is planning a wedding and you’re wondering why they are fretting over their pre-nup when there is so much to do for the ceremony. […]
What can you expect? If you have applied for a protection order and have been asked to attend a hearing, you may be feeling anxious. It may be your first experience of a court hearing, and it may seem daunting. If you are threatened by your partner, you are already feeling vulnerable and unsafe. Going […]
Pros and cons of liquidators and receivers in divorce proceedings Liquidators and receivers are more commonly associated with corporate failure. A liquidator is an individual or entity (often an accountancy firm) legally empowered to wind up a company’s affairs when it is closing – typically when the company is going bankrupt. A receiver is someone appointed […]
What do divorced parents need to know about travelling with their children? Children of divorced parents often say one of the unintended benefits of the divorce is twice the holidays. Although agreeing on holiday contact can be contentious for parents, divorce can mean the child spends almost the entire school holiday period on vacation. But […]
