Who keeps the house in a divorce depends on factors such as your matrimonial property regime, ownership, divorce settlement and financial circumstances. One spouse may retain the home, sell it and divide the proceeds, or deal with it according to a court order.
If someone dies without a valid will in South Africa, their estate is distributed according to the Intestate Succession Act. The law determines which relatives inherit and in what proportions, generally prioritising a surviving spouse, descendants and other close family members.
Yes, you can evict your tenant for non-payment of rent in South Africa, but only after the lease has been lawfully cancelled and a court has granted an eviction order. Landlords must follow the correct eviction process and may not remove the tenant themselves.
Yes, you can buy property while going through a divorce, but whether it is advisable depends on your matrimonial property regime and the circumstances of your divorce. Understanding your legal and financial position before purchasing property can help you avoid costly complications.
Trademark classes are categories used to classify the goods and services your business offers. When applying for trademark registration in South Africa, selecting the correct trademark classes is essential, as your trademark is only protected in the classes you register.
Although an antenuptial contract is legally binding, it may be challenged in court under certain circumstances, such as fraud, undue influence, or procedural errors. Proper legal advice and careful drafting help ensure that an antenuptial contract remains valid and enforceable throughout the marriage.
To check whether a trademark is already registered, you should conduct a proper trademark search through the CIPC to identify any existing or pending trademarks that may conflict with your brand name, logo, or slogan before applying for trademark registration.
A grey divorce can have significant implications for retirement planning, financial security, property division, and family dynamics. Careful preparation and professional legal guidance can help individuals navigate this major life transition with confidence and clarity.