When a couple divorces, the non-member spouse (the spouse not belonging to the retirement fund) may claim a portion of the member spouse's pension interest. This claim can be made in a divorce settlement agreement, which is then made an order of the court.

One key legal provision that governs these financial matters in South Africa is Section 7 of the Divorce Act 70 of 1979. This section lays out the framework for determining how assets are divided upon divorce. An important aspect of this is the potential for a spouse to claim forfeiture of benefits.

In this post, we will unpack how Section 7 of the Divorce Act operates and explain what a forfeiture claim entails.

To ensure eventual success in the courtroom, it is crucial to lay the groundwork for success by strictly following the necessary steps before the actual eviction application is launched.

When a court considers an eviction application under the PIE Act, it must ensure that it is just and equitable before granting such an order.

Learn about the key differences between ESTA and PIE evictions. This includes when each piece of legislation applies and the process to be followed to obtain an eviction order in terms of each piece of eviction legislation.

The Extension of Security of Tenure Act (ESTA) is a pivotal piece of legislation in South Africa that provides crucial protection to rural and peri-urban land occupants. It is a comprehensive legal act that outlines the conditions under which lawful occupants can be evicted from the land.

If you are a landlord who wants to evict a tenant for non-payment of rent or other reasons, you need to follow the proper legal process and timeline for a PIE eviction application. PIE stands for Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, and it is a law that protects the rights of both landlords and tenants in South Africa.

An uncontested divorce is a type of divorce where both spouses agree on all the terms of their separation, such as division of property, child custody, spousal support, and so on. An uncontested divorce has many benefits compared to a contested divorce.

In terms of our Wills Act, your ex-spouse is excluded from inheriting under your pre-divorce will for a period of 3 months, unless (a very unlikely scenario) your will makes it clear that you wanted your ex-spouse still to benefit despite the divorce.

A feature of our law since Roman times, “acquisitive prescription” is a legal process that allows a person to acquire ownership of a property through long-term occupation.

All employers and employees need to know of a recent Labour Court judgment holding that an instruction to work overtime in the absence of an agreement is unlawful.

Rehabilitative maintenance is a type of spousal maintenance that is awarded for a limited period of time after a divorce, usually to enable the dependent spouse to become financially independent by acquiring new skills, education or employment.

What is a shareholders’ agreement? It’s a contract between shareholders outlining the rights, responsibilities, and obligations of each shareholder, it provides a framework for the governance of the company, and it ensures a clear understanding between the shareholders about its management, operation and control.

Buying property – whether to live/work in or on a buy-to-let basis – could be one of the most important investments you make. Here are some strategies to help you on your way.

Ombuds seek to resolve disputes (to the benefit of all parties) fairly, efficiently, and cost-effectively by acting as mediators between complainants and the entity being complained about. Many have the power to make binding “determinations”. Most are free to complainants.

An "Agreement Not to Sue" undertakes that one party won't take legal action against another. In other words, it's a way of ensuring that disputes don’t end up in court. You might encounter this type of agreement in many different situations, such as in a business setting, a family dispute, a neighbour dispute, or even between friends.

An uncontested divorce is a quick and cost-effective way to dissolve your marriage legally and peacefully. Here is a step-by-step guide to an uncontested divorce.

Find out in which courts you can get divorced if you live in Paarl, Wellington, or Franschhoek.

A Rule 43 application is an application that can be made by either spouse in a pending matrimonial action (i.e., a divorce) to seek one or more of the following orders from the court: Maintenance pendente lite, a contribution to legal costs; and contact with a minor child

The general principle is that restraint of trade clauses are valid and enforceable unless they are contrary to public policy. Public policy is determined by reference to the values and principles enshrined in the Constitution, such as human dignity, equality and freedom.