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The legal effect of marriages between foreign same-sex couples that marry in South Africa
A person’s domicile is the country where they live or intend to live permanently. Our robust Constitution has long since recognised same-sex marriages in South
Employment Law in South Africa
The implementation of labour laws in South Africa is a relatively new development. The need arose from the imbalance of power that has traditionally been
Marriages out of community of property subject to the accrual system
These principles apply to a marriage out of community of property with accrual: 1)Both spouses have separate estates when they get married and don’t share
Marriages in community of property
Community of property is the primary and default matrimonial property system of South Africa. If parties prefer to be married out of community of property,
Consumer Rights
The Consumer Protection Act No. 68 of 2008 (“CPA”) has brought about many changes to our law that aim to balance the power between consumers
Legal Contracts
As much as people may become nervous about contracts, they must bear in mind that contracts are there to protect all the parties involved. Where
The Construction of a Contract
A contract is an enforceable agreement where willing parties with capacity agree to specific terms in exchange for something. It contains a promise to do
What’s in a surname?
Change of surname on marriage A usual consequence of marriage is that the wife adopts the husband’s surname, together with the designation “Mrs”. She could
Conflict between an ANC and contract providing for lifelong maintenance
In a recent Supreme Court of Appeal (SCA) case, the court had to decide if an agreement concluded between the parties conflicted with their antenuptial
Actio Communi Dividundo And The “Clean Break” Principle
Written by Sasha Kadish A client and his girlfriend bought a house together. Their relationship soured, and they reached an impasse. Each wanted to stay
What are the inheritance rights of a child, conceived after the death of a father, from frozen gametes
The nasciturus fiction is the principle where our common law considers a child born alive and conceived before a testator’s death to have obtained rights to inherit,
Can A Registrar Of The High Court Grant A Default Judgment Where The National Credit Act Applies
In Gcasamba v Mercedez-Benz Financial Services [2022] 4526-2021 (FB) at [28]-[73], the court had to decide if a registrar had the authority to grant a judgment