FREQUENTLY ASKED QUESTIONS

FAMILY LAW

  1. WHAT IS SPOUSAL MAINTENANCE?
  2. WHAT IS A RULE 43 APPLICATION?
  3. WHAT IS THE RULE 43 APPLICATION PROCEDURE IN SOUTH AFRICA?
  4. WHAT ARE THE RIGHTS & PROTECTION FOR COHABITING COUPLES?
  5. WHO CAN DRAW UP A PARENTING PLAN?
  6. HOW DOES THE ADOPTION PROCESS WORK IN SOUTH AFRICA?
  7. WHAT IS DOMESTIC VIOLENCE CASE LAW IN SOUTH AFRICA?
  8. WHAT DOES SOUTH AFRICAN LAW SAY ABOUT CHILD MAINTENANCE?
  9. WHAT IS THE PURPOSE OF A TRUST ATTORNEY?
  10. REGISTRATION & TYPES OF TRUSTS IN SOUTH AFRICA EXPLAINED.
  11. IS A TRUST BETTER THAN A WILL?
  12. DO BENEFICIARIES PAY TAX ON TRUST INCOME?
  13. WHAT ARE MY RIGHTS IN AN UNLAWFUL ARREST?
  14. WHAT IS THE PENALTY FOR THE POSSESSION OF DRUGS IN SOUTH AFRICA?
  15. HOW LONG AFTER AN ASSAULT CAN YOU REPORT IT?
  16. WHAT IS THE PUNISHMENT FOR RECKLESS DRIVING?
  17. PARENTING PLAN FOR UNMARRIED PARENTS
  18. WHAT IS THE POPI ACT AND WHAT IS ITS PURPOSE?
  19. CHALLENGES FACED BY WIVES IN THE LAW OF SUCCESSION ACT
  20. CLAIMING DAMAGES FOR A BREACH OF CONTRACT: WHAT DO YOU NEED TO PROVE?
  21. UNMARRIED FATHERS: HOW TO SECURE PARENTAL RIGHTS AND RESPONSIBILITIES
  22. UNDERSTANDING WHAT CLASSIFIES AS “PERSONAL INFORMATION” IN RELATION TO THE POPI ACT
  23. THE LAW OF SUCCESSION: UNDERSTANDING INHERITANCE AND ESTATE LAW
  24. WHAT ARE THE 5 FORMS OF BREACH OF CONTRACT?
  25. WHAT IS A SUBPOENA DUCES TECUM IN SOUTH AFRICA?
  26. WHAT DOES SUBPOENA MEAN?
  27. WHAT CLAUSES ARE ESSENTIAL TO ALL WILLS?
  28. HOW TO BEQUEATH ASSETS IN A WILL?
  29. WHAT IS A REVOCATION CLAUSE IN A WILL?
  30. WHAT IS THE IUS ACCEPTUM RULE IN SOUTH AFRICAN CRIMINAL LAW?
  31. HOW DOES THE IUS PRAEVIUM RULE CONTRIBUTE TO LEGAL CERTAINTY?
  32. WHAT IS THE IUS PRAEVIUM RULE IN SOUTH AFRICAN CRIMINAL LAW?
  33. WHY IS A COHABITATION AGREEMENT IMPORTANT?
  34. WHAT IS A LIFE PARTNER AGREEMENT IN SOUTH AFRICAN LAW?
  35. ARE LIFE PARTNERS ENTITLED TO INHERITANCE IN SOUTH AFRICA?
  36. WHAT IS A LIFE PARTNERSHIP AGREEMENT? 
  37. HOW DO I FIND OUT WHERE MY TRUST IS?
  38. HOW DO YOU CHECK IF A TRUST IS REGISTERED IN SOUTH AFRICA?
  39. WHAT ARE THE BENEFITS OF A TRUST IN SOUTH AFRICA?
  40. HOW DO TRUSTS WORK IN SOUTH AFRICA?
  41. WHAT IS PROVOCATION?
  42. WHAT IS A PROTECTION ORDER?
  43. CAN MEN APPLY FOR PROTECTIONS ORDERS AGAINST WOMEN?
  44. WHAT IS UKUTHWALA?
  45. WHAT IS THE IMPACT OF UKUTHWALA ON YOUNG GIRLS AND  THEIR LEGAL RIGHTS?
  46. WHAT ARE THE REQUIREMENTS FOR THE CUSTOM TO QUALIFY AS UKUTHWALA? 
  47. WHAT IS AN ANTENUPTIAL CONTRACT?
  48. WHEN SHOULD AN ANTENUPTIAL CONTRACT BE EXECUTED?
  49. HOW DO I START THE PROCESS OF CREATING AN ANTENUPTIAL CONTRACT?
  50. CAN A PARTNERSHIP EXIST WITHOUT A WRITTEN AGREEMENT?
  51. WHAT ARE THE KEY ELEMENTS OF A PARTNERSHIP AGREEMENT?
  52. HOW IS A BUSINESS PARTNERSHIP DISSOLVED?
  53. WHAT IS A RULE 43 APPLICATION IN DIVORCE?
  54. HOW DOES THE RULES 43 APPLICATION PROCESS WORK?
  55. WHAT ARE THE REQUIREMENTS FOR A LEGALLY VALID CUSTOMARY LAW MARRIAGE?
  56. CAN A CUSTOMARY MARRIAGE BE VALID WITHOUT THE HANDING OVER?
  57. IS HANDING OVER THE BRIDE A REQUIREMENT IN A CUSTOMARY MARRIAGE?
  58. WHEN DOES HIDING ASSETS BECOME A LEGAL ISSUE IN DIVORCE PROCEEDINGS
  59. WHY SOME SPOUSES USE TRUSTS TO HIDE ASSETS DURING DIVORCE?
  60. WHAT HAPPENS IF HIDDEN ASSETS OR SHAM TRUSTS ARE DISCOVERED DURING DIVORCE?
  61. WHAT IS SEQUESTRATION IN SOUTH AFRICA?
  62. WHAT IS THE SEQUESTRATION PROCESS IN SOUTH AFRICA?
  63. WHAT IS REHABILITATION AFTER SEQUESTRATION IN SOUTH AFRICA?
  64. WHAT IS VOLUNTARY SEQUESTRATION?
  65. WHAT IS COMPULSORY SEQUESTRATION?
  66. WHAT IS A SEQUESTRATION ORDER IN SOUTH AFRICA?
  67. WHAT IS AN ANNULMENT OF MARRIAGE IN SOUTH AFRICA?
  68. WHAT IS A VOID MARRIAGE IN SOUTH AFRICA? 
  69. WHAT IS A VOIDABLE MARRIAGE IN SOUTH AFRICA?
  70. WHAT IS THE DIFFERENCE BETWEEN A VOID AND VOIDABLE MARRIAGE IN SOUTH AFRICA?
  71. WHAT IS THE MEANING OF VOID MARRIAGES IN SOUTH AFRICA?
  72. WHAT IS THE MEANING OF VOIDABLE MARRIAGES IN SOUTH AFRICA?
  73. IS CUSTOMARY MARRIAGE IN COMMUNITY OF PROPERTY?
  74. CAN AN ANTENUPTIAL CONTRACT BE SIGNED AFTER CUSTOMARY MARRIAGE
  75. IS MY UNION RECOGNIZED UNDER CUSTOMARY MARRIAGE LAW?
  76. WHAT IS CUSTOMARY MARRIAGE IN SOUTH AFRICA?
  77. WHAT IS AN EDICTAL CITATION IN THE CONTEXT OF DIVORCE?
  78. HOW DOES EDICTAL CITATION AFFECT THE SERVICE OF DIVORCE SUMMONS? 
  79. DIFFERENCE BETWEEN SUBSTITUTED SERVICE AND EDICTAL CITATION IN DIVORCE?
  80. HOW TO APPLY FOR SUBSTITUTED SERVICE IN DIVORCE CASE?
  81. WHAT IS THE DOCTRINE OF EFFECTIVENESS IN SOUTH AFRICAN LAW?
  82. WHY IS THE DOCTRINE OF EFFECTIVENESS IMPORTANT IN LEGAL PROCEEDINGS?
  83. HOW DOES THE DOCTRINE OF EFFECTIVENESS AFFECT  COURT JURISDICTION?
  84. CAN INTERNATIONAL CASES BE AFFECTED BY THE DOCTRINE OF EFFECTIVENESS?
  85. CAN I FILE FOR DIVORCE IN SOUTH AFRICA IF MY SPOUSE LIVES ABROAD?
  86. HOW IS A DIVORCE SUMMONS SERVED TO A SPOUSE LIVING OUTSIDE SOUTH AFRICA?
  87. CAN AN OVERSEAS SPOUSE DEFEND A DIVORCE ACTION IN SOUTH AFRICA? 
  88. WHAT HAPPENS IF THE OVERSEAS SPOUSE IGNORES THE DIVORCE ACTION IN SOUTH AFRICA?
  89. WHAT IS AN EVICTION NOTICE IN SOUTH AFRICA?
  90. HOW DOES AN EVICTION ORDER DIFFER FROM AN EVICTION NOTICE IN SOUTH AFRICA?
  91. WHAT ARE THE TYPES OF EVICTION NOTICES UNDER SOUTH AFRICAN LAW?
  92. HOW CAN PROPERTY OWNERS LEGALLY EVICT TENANTS IN SOUTH AFRICA?
  93. WHAT ARE THE LEGAL CONSEQUENCES OF IGNORING AN EVICTION ORDER?
  94. CAN NON-COMPLIANCE WITH AN EVICTION ORDER AFFECT YOUR CREDIT SCORE? 
  95. WHAT IS AN EVICTION ORDER?
  96. WHAT ARE THE RISKS OF “SELF-HELP’ EVICTION PROCESSES IN SOUTH AFRICA?
  97. HOW TO CLAIM DAMAGES FOR A DEFECTIVE SOLAR SYSTEM?
  98. WHAT ARE THE STEPS FOR RESCINDING A FAULTY SOLAR SYSTEM PURCHASE?
  99. CAN A SOLAR SYSTEM VENDOR BE HELD LIABLE FOR CONCEALED DEFECTS? 
  100. WHAT TO DO IF A SOLAR SYSTEM DAMAGES HOUSEHOLD APPLIANCES?
  101. WHAT TO CONSIDER WHEN CHOOSING A SOLAR SYSEM VENDOR?
  102. HOW DOES THE IMPLIED WARRANTY PROTECT SOLAR SYSTEM PURCHASERS
  103. HOW LONG DOES A RETRENCHMENT PROCESS TAKE?
  104. WHAT IS THE PROCEDURE FOR RETRENCHMENT?
  105. HOW DO YOU GET PAID WHEN YOU ARE RETRENCHED?
  106. WHO GETS RETRENCHED FIRST?
  107. WHAT ARE MY RIGHTS IF I GET RETRENCHED?
  108. REASONS FOR RETRENCHMENT IN SOUTH AFRICA?
  109. HOW DOES RETRENCHMENT WORK IN SOUTH AFRICA?
  110. WHAT IS THE MINIMUM RETRENCHMENT PACKAGE?
  111. WHAT IS A SECTION 189 RETRENCHMENT?
  112. CAN YOU CONTEST A RETRENCHMENT?
  113. WHAT IS A BREACH OF PROMISE TO MARRY?
  114. WHAT ARE THE LEGAL CONSEQUENCES OF NOT FULFILLING AN ENGAGEMENT PROMISE?
  115. WHO IS ELIGIBLE TO SUE FOR MATRIMONIAL PROMISE?
  116. WHAT ARE CONTRACTUAL AND DELICTUAL CLAIMS IN BREACH OF PROMISE CASES?
  117. DAMAGES AWARDED FOR BREACH OF PROMISE TO MARRY?
  118. DEFENCES AGAINST BREACH OF PROMISE TO MARRY?
  119. WHAT CONSTITUTES JUST CAUSE IN BREACH OF PROMISE CASES?
  120. RECOVERING GIFTS AND DONATIONS IN BREACH OF PROMISE CASES?E
  121. CAN AN ENGAGEMENT RING BE CLAIMED BACK IN A BREACH OF PROMISE CASE?
  122. WHAT IS THE TIME FRAME FOR FULFILLING A PROMISE TO MARRY IN SOUTH AFRICA?