05 October 2023, Aqeelah Petersen
Children are dependent on adults. This is a fact, and in attempt to protect them, the law regards the rights of children to be of paramount importance.
29 May 2023
When spouses are married in community of property, our law dictates that a spouse requires the consent of the other spouse when entering into a transaction that affects the joint estate. But what happens when one spouse refuses to provide consent?
28 March 2023
Can a spouse married in community of property at divorce claim that the other spouse forfeits their right to share in their pension?
10 January 2023
Can spouses conclude an agreement which is contrary to their antenuptial contract and which is valid and enforceable?
15 September 2022
Just before a couple married with the accrual system finalised their divorce, the husband created a trust and transferred money and property to the trust. The result is the husband’s estate is considerably reduced when it comes to the accrual calculation. Is this acceptable and does it mean his estate is reduced, or can his wife claim that th
It has been a well held view in our law that a parent cannot claim maintenance for an adult dependent child from their divorced spouse. But is this still the case or has a recent Supreme Court of Appeal finding changed the position?
Just before a couple married with the accrual system finalised their divorce, the husband created a trust and transferred money and property to the trust. The result is the husband’s estate is considerably reduced when it comes to the accrual calculation. Is this acceptable and does it mean his estate is reduced, or can his wife claim that th...
Maintenance is an emotive issue for many South Africans. On the one hand there is the need of the primary caregiver for the financial assistance maintenance provides, and on the other the financial issues of the spouse required to pay maintenance. So how far does the obligation to pay maintenance stretch and can a spouse even lay claim to the proce...
Should an employee be criminally charged in respect of conduct that happened at the employee’s workplace, the question can arise as to whether the employer is now prohibited from proceeding with disciplinary action against the employee given...
Increasingly chatbots, search engines and artificial intelligence-driven engagement platforms have been in the news, often for the amazing capabilities they demonstrated, but sometimes also for the dangers they pose. This raises the question of h...
Dividend stripping has been under the watchful eyes of the South African Revenue Service (“SARS”) for some time. As a highly technical topic, we will take a look in this article only at the anti-dividend stripping rules that may apply ...
Should an employee be criminally charged in respect of conduct that happened at the employee’s workplace, the question can arise as to whether the employer is now prohibited from proceeding with disciplinary action against the employee given the pending criminal charges.