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It stands to that premise therefore, that parties feel the urge to retain the matrimonial house after a divorce process. In these disagreements with regards to the house, the Courts simply apply the legal rules much to the disappointment or relief of either party.
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The primary purpose of having a valid will is so that the testator can have the benefit of prescribing the division of his assets to only the beneficiaries he/she desires. In this way, having the assets of the deceased in the wrong hands after his/her death is avoided.
The sale of the assets is one of the most prominent ways of distributing assets. However such sale needs to be at market value, which can be achieved by getting two different valuations and declaring the average. However, the sale of assets such as property and company shares will invite Transfer Duty and Capital Gains Tax.
Most of us have seen the word Notary written on the billboards at some attorneys’ offices, but not all. This is because not all attorneys have the designation of Notary Public. It is an office endowed with an increased measure of trust.
The prevalence of single parent headed families is rampant in South Africa and in most cases the absent parent contributes little or nothing towards the upkeep of the child.
The Women’s Legal Centre had in 2009, brought a petition to the Constitutional Court for direct access in terms of Section 167 of the Constitution, seeking relief from the Court to direct the state to recognize marriages concluded under Muslim law.
The default matrimonial property system under South African law is the community of property. Parties to a marriage are expected to clearly indicate should they wish to have a different matrimonial property system applicable in their marriage.
Besides certainty antenuptial contracts bring legal effect to matrimonial property regimes and this is crucial with regards to entering contracts, as well as in the event of divorce, maintenance and devolution of deceased estates.
Despite which spouse would have contributed more to the breakdown of the marriage relationship, often the one with less economic power will be the most economically affected after the marriage relationship dissolves.
South Africa moved back to Adjusted Level 3 of lockdown restrictions at midnight on 28 December 2020. This was in response to the resurgence of the COVID-19 pandemic albeit in a newly discovered variant which, experts say is more infectious.
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