Uncategorized

Business Rescue

The stagnant economy together with the impact of loadshedding has caused businesses to fall on hard times. Sadly some businesses have had to close shop with negative consequences for owners and employees. What is Business Rescue? In the event of a business being financially distressed the business rescue process assists the business to continue trading …

Business Rescue Read More

Proposed introduction of level 8 BBBEE Certificates for Property Practitioners

The Property Practitioners Regulatory Authority (PPRA) has advised that an estate agency (one of the affected parties falling under the definition of a property practitioner) which fails to provide a minimum level 8 Broad-Based Black Economic Empowerment (B-BBEE) certificate will not receive a Fidelity Fund Certificate (FFC) in 2025.  Section 48 of the Property Practitioners …

Proposed introduction of level 8 BBBEE Certificates for Property Practitioners Read More

Postnuptial Contracts

Did you know that if prospective spouses do not execute their antenuptial contract before their marriage, they are automatically considered to be married in community of property. Similarly, if prospective spouses execute an antenuptial contract, get married, and later find out that the antenuptial contract was not registered within the 3-month period required by law, …

Postnuptial Contracts Read More

Cancelling a Notarial Tie Agreement

A Notarial Tie Agreement can be cancelled by entering into a bilateral Notarial Deed of Cancellation between all the parties (the Owners and the Enforcer) to the Notarial Tie Agreement, in terms of which the parties agree to the cancellation of the Notarial Tie Agreement. Alternatively, a Notarial Tie Agreement can be cancelled by the …

Cancelling a Notarial Tie Agreement Read More

Redistribution discretion now available to marriages out of community of property with the exclusion of the accrual system

Redistribution discretion now available to marriages out of community of property with the exclusion of the accrual system entered into after the commencement of the Matrimonial Property Act 1 November 1984 Matrimonial Regimes Two main matrimonial property regimes existed in South Africa prior to the commencement of the Matrimonial Property Act 88 of 1984 (“the …

Redistribution discretion now available to marriages out of community of property with the exclusion of the accrual system Read More

Application for Interim relief in divorce matters, including a Muslim “divorce”

Rule 43 of the Uniform Rules as well as Rule 58 of the Magistrates Court Rules are mechanisms which provides for a spouse in divorce proceedings with the opportunity to approach the court for an order granting interim relief pending the conclusion of their divorce. Rule 43 is applicable in the following instances: The applicant …

Application for Interim relief in divorce matters, including a Muslim “divorce” Read More

Section 18(3) Sale of Immovable Property from a Deceased Estate

Section 18(3) of the Administration of Estates Act, 66 of 1965, permits the Master to appoint a representative to administer an estate where the value of the estate is below R250,000.00 (Two hundred and Fifty Thousand Rand).  In other instances where the value of an estate is above such value it is necessary for an Executor to be appointed. An Executor …

Section 18(3) Sale of Immovable Property from a Deceased Estate Read More

Accruals and trusts

Be careful when transferring assets to a trust when married out of community with the accrual. The right to claim accrual is provided for in section 3 of the Matrimonial Property Act 88 of 1984. This section provides in short that  at the dissolution of a marriage subject to the accrual system, the spouse whose …

Accruals and trusts Read More