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Case Study: The Battle Between Divorce Law & Law of Contract

There is an age-old debate about whether spouses should be bound to an anti-nuptial contract concluded between the two parties. This has transcended time, applying to both plaintiffs and defendants in divorce cases. Applying the principle of fairness and reason in divorce, actions favour the principle that an antenuptial contract should be disregarded in favour […]

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Divorce Laws in South Africa: Finding a Good Divorce Lawyer

The legal process of getting a divorce entails a married couple legally ending their marriage. Naturally, this brings with it a range of changes as many steps and proceedings need to be taken with legal professionals leading the way. Understanding the divorce laws and process in South Africa is essential because it affects not only

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Best Interest of Children is Paramount

The best interests of children are the predominant factor in all matters concerning children, whether a maintenance-, residency and care or contact dispute. As recently as February 2020, the Head of Department of Social Development for KZN and Others, were ordered by Court to, amongst other orders, finalise all outstanding adoption applications within a month,

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What are the duties towards the employees with regard to TERS Payments?

Employers are obliged to pay over TERS monies received to its employees for who the employer has applied for the payment of TERS monies. It has been identified that many Employers do not pass TERS payment on their employees, which is unlawful. What can employees do? There are possibly many remedies for employees but the

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Legal Representation on Behalf of Minor Children

Often children become embroiled in litigious matters where decisions pertaining to their primary residency and care, contact and/or emigration, needs to be taken. Eventhough the Children’s Act (38 of 2005) is aimed at also taking into consideration the wishes of minor children, it is often disregarded by a parent/caregiver in want of his/her own need/agenda.Section

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Retrenchment, your rights, and obligations – Section 189 of the Labour Relations Act.

During our current economic climate which is worsened by the Covid-19 Pandemic retrenchments have become necessary for the continued existence of businesses. This does not mean that an employee is not protected by the law. The main purpose of the Labour Relations Act is to firstly ensure that employees and subjected to fair labour practices

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