When spouses are married with the accrual system, the growth of their respective estates during the marriage is compared upon divorce. The spouse whose estate has grown less may be entitled to claim half of the difference in accrual, ensuring a fair division of wealth accumulated during the marriage.
A company can enter business rescue either voluntarily through a board resolution or by court application brought by an affected person. The Companies Act governs both processes and aims to rehabilitate financially distressed businesses through restructuring and legal protection.
You can use digital evidence, such as WhatsApp messages, emails, social media posts, and electronic financial records, in South African divorce proceedings. Proper handling of digital communication and understanding admissibility rules can help protect your legal position and avoid unnecessary disputes.
To register a clothing brand in South Africa, you need to secure trademark registration for your brand name and/or logo, ensure it is distinctive and legally available, and file under the correct class (typically Class 25 for clothing) through the CIPC.
Protecting your privacy during divorce involves managing sensitive information, limiting unnecessary disclosure, carefully structuring communication, and using legal strategies such as settlement agreements and mediation to avoid public exposure in court.
Divorce burnout is the emotional exhaustion that results from prolonged divorce proceedings. Managing divorce burnout involves recognising stress, maintaining support systems, setting boundaries, and seeking professional guidance to protect your well-being throughout the process.
The eviction process in South Africa requires a court order and must follow the PIE Act. It involves notice, court application, and enforcement by the sheriff, ensuring evictions are fair, lawful, and considerate of all parties involved.
How long does a divorce take in South Africa? An uncontested divorce may be finalised within 4 to 8 weeks, while contested matters can take several months or longer. Timelines depend on cooperation, complexity, and court processes, making early planning and legal guidance essential.
A company should consider business rescue when it becomes financially distressed, and there is a reasonable prospect of recovery. The business rescue requirements focus on both financial distress and the likelihood of achieving a better outcome for creditors than liquidation.
Yes — you can register your company name as a trademark in South Africa, provided it meets the legal requirements. However, this protection is not automatic and requires a separate trademark registration process to secure exclusive rights to your brand.