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SETTLEMENT AGREEMENTS – WHEN ARE THEY ENFORCEABLE?

A lot of people do not understand the repercussions of not adhering to a settlement agreement made by an order of Court.  In the Courts eyes, a settlement agreement that has been made an Order of Court is seen as the same as any other Court Order and must

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GRANDPARENTS’ RIGHTS

South African law does not make specific provision for grandparents’ rights over their grandchildren. The new Children’s Act 38 of 2005 Law does however provide for third parties who have an interest in the care, well-being, or development of a child to apply either to the High Court or

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HOW TO RECOGNISE GASLIGHTING

Gaslighting is a form of emotional abuse that’s seen in abusive relationships. It’s the act of manipulating a person by forcing them to question their thoughts, memories, and the events occurring around them. A victim of gaslighting can be pushed so far that they question their own sanity. Gaslighting

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CAN A TRUST PROTECT YOUR ASSETS IN A DIVORCE?

​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

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A UNIVERSAL PARTNERSHIP AND THE REQUIREMENTS THEREOF

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

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DIVORCE AND PENSION BENEFITS

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

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HOW TO TAME A NARCISSIST!

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

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APPOINTING A GUARDIAN IN YOUR WILL

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

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GETTING MARRIED? WHAT TO CONSIDER

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

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