Antenuptial agreements are agreements which, inter alia, limit liability between spouses in the unfortunate event of divorce and/or in the event of any litigation arising against any spouse. Antenuptial contracts are known to exclude the spouses’ assets and liabilities from the matrimonial joint estate (subject to the type of agreement). […]
Continue ReadingRECKLESS LENDING
What is Reckless Lending? In line with the National Credit Act 34 of 2005, prior to the entering of a credit agreement between a consumer and a credit provider, the credit provider has an obligation to perform due diligence, by conducting a detailed financial assessment on behalf of the consumer, […]
Continue ReadingFORFEITURE OF BENEFITS IN DIVORCE PROCEEDINGS
When a decree of divorce is granted on the grounds of irretrievable breakdown of a marriage in community of property or out of community of property with the inclusion of the accrual system/regime, the court may make an order that the patrimonial benefits of the marriage be forfeited by one […]
Continue ReadingCONSTRUCTIVE DISMISSAL
Constructive dismissal may be defined as a situation in the work place, which has been created by the employer and which renders the continuation of the employment relationship intolerable for the employee – to such an extent that the employee has no other option available but to resign (being the […]
Continue ReadingADMINISTRATION OF DECEASED ESTATES
A deceased estate comes into existence when a person passes away, they may so pass with or without a will (testate or intestate, respectively). Such estate must then be administered and distributed in terms of the deceased’s will or failing a valid will, in terms of the intestate succession Act […]
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