Case Studies
The principal understanding of a South African trust is that there must at all times be a separation of ownership or control of trust assets, from enjoyment of trust benefits. This principle is reinforced by section 12 of the Trust Property Control Act, No. 11 of 2018 which states
A universal partnership is an express or tacit agreement between two people, including same-sex couples, who choose to live together in a permanent relationship without entering into marriage. South African courts have over the years defined a permanent universal partnership as an arrangement between parties who act like partners
It is of vital importance that the retirement fund clause in a divorce Settlement Agreement is drafted by an attorney who specializes in Divorce Law. It happens frequently that clauses are so badly drafted that a Fund rejects a claim. A substantive application to court is then necessary to
No one should feel responsible for a narcissist’s predicament, but if you want to tame the narcissist in your life you are going to have to do some serious work getting ready. Taming your narcissist partner is about changing the dynamic of your relationship and so this needs to
Biological mothers, biological fathers who qualify to have parental responsibilities and rights and any other holder of full parental responsibilities and rights are guardians of children. These guardians may appoint a third party or third parties to act as a child’s guardian(s). A parent who is the sole guardian
Marriage status You must ensure that you are legally able to marry. Either of you must be over the age of 18, or if younger must have written consent from your parent or guardian. If one was previously married, divorce proceedings must have been finalised and the divorce officially
Narcissistic abuse refers to the physical and mental harm imposed by severely self-centred people. These individuals desire admiration from others and think highly of themselves. From the beginning, narcissists are charming, but later on, they become manipulating and demanding. They will do everything to make people in their surroundings
The Law of Persons in South Africa regulates the birth, private-law status and the death of natural persons. Legal subjectivity of a child begins at birth. A foetus/unborn child therefore has no rights or duties or capacities. However, there are certain measures in South African law which provide for protection of
If you find yourself in the abominable position of divorcing a Narcissist, be aware that this is not a fight for the faint of heart, and you must be braver than you’ve ever been. It’s important to realize that narcissism is a personality disorder often linked to other personality
In South African law, kidnapping of a child is the unlawful intentional deprivation of a parent of control over the child. Young children are most likely to be kidnapped by a legal guardian during custody disputes. This should not be confused with abduction. In South Africa, abduction is the
