What to consider when cancelling a contract
You might, in future, find yourself in a situation where you will want to cancel a contract. This article sets out the requirements for cancelling a contract and gives basic guidance on what to do. A contract can be cancelled by agreement between the parties or as a result of a material (serious) breach by […]
Relocating with your child when you are divorced
I have divorced my husband and I am now the primary caregiver of our minor child. I received a job offer in another country and I would really like to accept it. My ex-husband and father of my minor child won’t consent to the relocation of our minor child. Will I get permission from the […]
Beware of “repayable on demand” loans – they may prescribe
You might, at some point in your life, have lent money to a friend, family member or business associate. It is also quite common for a business to obtain or grant loans in the course of its trade. In South Africa, in terms of the Prescription Act of 1969 (the “Act”), a debt prescribes (falls […]
Special levies in a Sectional Title Scheme
From time to time a body corporate may be required to raise a special levy on its members. Such a levy would be in addition to the normal monthly levies for which members are customarily responsible. As the use of the word “special” suggests, these levies would be required to off-set unexpected but urgent expenditure […]
Trust litigation – Who can institute a claim and which court has jurisdiction?
This article deals with the questions of who can institute litigation on behalf of a trust, as well as with the question of how jurisdiction is determined with regards to trusts. Who can institute a claim? A trust is not a legal person and cannot litigate in its own name. The trustees play a vital […]
Can someone record me without my permission?
Over the past few months, we have seen videos being posted on social media of physical altercations, poor service delivery and racial slurs, but the victims of the videos and audible recordings are usually unaware that they are being recorded. The recordings are conducted without their permission and then shared. But is someone allowed to […]
Antenuptial contracts: Can I get one after marriage?
Couples who are interested in an antenuptial contract often make the decision to get one before they are married. That is the ideal scenario. However, some couples may have already gotten married in community of property, and later decide to change to another form of marriage contract. Can it be done? The Matrimonial Property Act […]
Can someone record me without my permission?
Over the past few months, we have seen videos being posted on social media of physical altercations, poor service delivery and racial slurs, but the victims of the videos and audible recordings are usually unaware that they are being recorded. The recordings are conducted without their permission and then shared. But is someone allowed to […]
Am I still liable for my spouse’s debt after divorce?
A husband and wife buy a house together. Their marriage takes a tumble, along with their finances, and they have to sell their home and are left with an outstanding mortgage bond. They subsequently got divorced. The couple is concerned about what will happen to the debts and who will be responsible for paying them. […]
Antenuptial contracts: Can I get one after marriage?
Couples who are interested in an antenuptial contract often make the decision to get one before they are married. That is the ideal scenario. However, some couples may have already gotten married in community of property, and later decide to change to another form of marriage contract. Can it be done? The Matrimonial Property Act […]
Can breaking-off an engagement prompt legal action?
Once a couple has become engaged, you could say that they have concluded a verbal contract to get married. From that point, up until the marriage, the couple would be committed to getting married, as well as the planning and preparation leading up to it. However, in some instances, one of those in the relationship […]
Co-owning property with someone else: the ups and downs
What is co-ownership? Co-ownership is when one or more people jointly own the same property. In essence, it is when they legally share ownership without dividing the property into physical portions for their exclusive use. It is thus commonly referred to as co-ownership in undivided shares. It is possible to agree that owners acquire the […]
Who pays for the child after divorce?
When couples divorce it’s often the children that feel the brunt of it. Sometimes it’s the other person in the relationship that suffers economically. Hence the reason there’s a legal duty towards maintenance after divorce, which is an obligation to provide for another person. A child of a divorced couple, for example, may need help […]
My neighbour’s noise is a nuisance
So it’s the third night this week you can’t sleep because your new neighbour seems to enjoy playing loud rock music with his band late at night. Normally you wouldn’t mind. However, being kept up till 2am every morning is affecting your productivity at work. You talk with your neighbour, but he doesn’t seem to […]
Dealing with a difficult debtor
Going about collecting debt can be a stressful and confusing business. It only gets more frustrating when someone who owes you money doesn’t pay it back. If someone does owe you money (a debtor), then there are certain legal steps that can be taken to ensure you get your money back. Taking legal action against […]