Navigating antenuptial agreements in South Africa: Your questions answered
Preparing for marriage in South Africa involves several critical decisions, one of which is the antenuptial agreement (AN). This legal document is vital for dictating the management of assets and finances within a marriage. To help you understand and effectively navigate antenuptial agreements, we’ve compiled answers to some commonly asked questions. Frequently asked questions about […]
Responsibility to maintain and repair foundations and boundary walls in a sectional title scheme
This article will briefly consider the definitions of common property vis-à-vis sections in terms of the Sectional Titles Schemes Management Act 8 of 2011 in order to establish who must maintain what in sectional title scheme developments. Many residential developments in South Africa are established in terms of South Africa’s sectional title scheme legislation. Residents […]
Can foreign judgments be enforced in South Africa?
A judgment granted by a foreign court is not directly enforceable in South Africa but constitutes a prima facie proof of debt (the clearest possible proof of debt). One would still need to institute an action from the South African court based on the foreign judgment. The Enforcement of Foreign Civil Judgments Act 32 of […]
Signing an antenuptial contract before getting married does not mean you are anticipating divorce
Even though the current generation is more open to talking about virtually anything, there is still a tendency among people to avoid talking about certain topics irrespective of their paramount importance. Signing a prenup, which is more appropriately referred to as an antenuptial contract, might be one of the taboo topics in some of our […]
Maintenance and children not born from a marriage
First things first, the woman claiming child support for a child born out of wedlock must prove paternity. In Sager v Bezuidenhout it is clear that both parents must contribute to the minor child’s needs and expenses. These expenses include any reasonable expenses that are considered in the best interest of the child, whether it is maintenance […]
When your tenant ‘does a duck’
Tips for landlords when their tenant does a disappearing act Everyone who has let out property knows that sickening feeling when you find out that your tenant has disappeared. Most of the time there are signs—usually unpaid or late paid rental. Some tenants plan to go without paying, while others just cannot pay. What should […]
Defamation in South African law
Saying, publishing, or posting defamatory statements about another person or entity can have serious consequences for the person releasing the statement. Defamation is a delict under South African law that is concerned with the protection of a person’s reputation. It is a serious matter that can have devastating consequences for an individual or business. Defamation […]
Compliance certificates required when selling a property
There is a duty on the Seller when selling an immovable property to provide certain certificates of compliance to the Purchaser. There are five compliance certificates that the Seller is required to obtain at his/her own cost before the transfer of the property takes place. The following are the necessary certificates: Electrical Compliance Certificate The […]
Properly executing a Will is extremely important
I gave instructions to my attorney to prepare a last will and testament for me as my will no longer reflected my wishes. At my request, my attorney emailed the will to me with clear instructions as to how I should go about signing it. I asked my neighbours to act and sign as witnesses. […]
Navigating the amendments to the Trust Property Control Act: Beneficial ownerships in South Africa
The Trust Property Control Act, a key piece of legislation governing South Africa’s trusts, recently underwent a substantial transformation with the passage of the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act. This regulatory overhaul was aimed at strengthening the country’s trust governance, a direct response to its greylisting status, and has significant […]