Can an employee resign with immediate effect in the face of misconduct allegations? There have been conflicting decisions and uncertainty whether an Employer can still take disciplinary action against an Employee who resigned with immediate effect in the face of misconduct allegations. In the matter of The Standard of Bank of South Africa Limited v… Continue Reading
MUSLIM MARRIAGES
Court finds that our laws fall short concerning Muslim marriages. In the recent SCA case, where the President and Minister of Justice were the Appellants, regarding Muslim marriages, the court found that: The Marriage Act and the Divorce Act are declared to be inconsistent with the Constitution in that they fail to recognise marriages solemnised… Continue Reading
Divorce settlement through mediation
Our cases and the law put parties and their legal team at risk if they do not attempt to mediate the divorce dispute at an early stage. Mediation assists both parties in working out arrangements for themselves and their children instead of handing over control of their affairs to a court. The process reduces conflict… Continue Reading
Claiming spousal maintenance after divorce – a debate
A very common question that often sparks debate is whether a party can claim interim, or temporary spousal maintenance from an ex-spouse after a divorce order has been granted. Rule 43 provides as follows, “this rule shall apply whenever a spouse seeks relief from the court in respect of…”(a) maintenance pendente lite, (b) a contribution… Continue Reading
Divorce mediation as an alternative to litigation
Divorce mediation is an alternative dispute resolution process that Kansas couples may use to settle differences on specific issues in a divorce. Spouses may decide on their own to try mediation, or a judge can order mediation in a divorce case. Before you consider or begin mediation, you should have an understanding of how it… Continue Reading
The transfer of immovable property after a divorce
When does one become the owner of a fixed property in terms of a divorce settlement agreement? For example, the settlement agreement may provide that within seven days of the grant of a decree of divorce Mr Jones shall cause his half share of 123 -1st Ave, Orange Grove to be transferred to Mrs Jones.… Continue Reading
Civil Union Act amendment
On 20 October 2020, parliament repealed section 6 of the Civil Union Act that previously permitted a marriage officer to object to solemnise a civil union between persons of the same sex on the ground of conscience. Thiruna Naidoo of the Centre for Human Rights stated that that the amendment was a positive step toward… Continue Reading
Why a Written Contract Is Better Than a Verbal Agreement
Source: Jesse White (Ed. Note. This is an article written by an American for an American audience, but it is very useful in the South African context). Contracts govern nearly every aspect of day-to-day life in ways one may not even realize. From accepting the Terms and Conditions of an app on our smartphones to… Continue Reading
Divorce Settlement Negotiations
Divorce settlement negotiations are neither the beginning nor the end of your relationship. Here are some tips to keep you grounded and productive when facing this situation. By Gregg Herman, Family Lawyer Gregg Herman is a Family Law attorney with Loeb & Herman, S.C., Milwaukee, Wisconsin. He is certified as a specialist in family law… Continue Reading
COURTS TAKING A STRONG STANCE AGAINST THOSE IN CONTEMPT OF COURT FOR NON-PAYMENT OF MAINTENANCE
In a recent interesting judgment handed down by FA Snyckers AJ in the Johannesburg High Court in the case of Ramdial v Naidoo, the mother brought an application to place the father in contempt of court of a previous court order to pay maintenance. The facts of the case were as follows: In 2017 the… Continue Reading
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