Marriage is a significant milestone in one’s life, bringing with it a multitude of changes and decisions. One such decision that often arises is whether to change one’s maiden name after tying the knot. In South Africa, as in many other countries, there are legal and personal considerations to contemplate when it comes to changing or retaining your maiden name. This article will delve into the intricacies of South African marriage laws and the process of changing or retaining your maiden name. South African marriage laws In South Africa, marriage is governed by the Marriage Act of 1961 and the ..read more

The emergence of digital ghosts on social media Social media platforms have become integral to our daily lives, but what happens to these digital profiles when a user passes away? Research by Carl J. Öhman, a doctoral candidate at the Oxford Internet Institute, sheds light on this evolving issue. Öhman’s study, titled “Are the Dead Taking over Facebook? A Big Data Approach to the Future of Death Online”, reveals a startling projection: if Facebook’s growth continues at its current rate, the number of deceased users’ profiles could surpass 4.9 billion by 2100, potentially outnumbering living us ..read more

Before the Matrimonial Property Act 88 of 1984 (MPA) was introduced, matrimonial property law in South Africa was governed by the immutability principle. This principle dictated that the property regime chosen by a couple at the time of their marriage could not be altered afterwards. The case of Honey v Honey in 1992 (93 SA 609 (W)) reinforced this, stating that under common law, spouses couldn’t modify their matrimonial property system through an agreement. Any contract attempting to change the prenuptial agreement was considered void and unenforceable. However, the introduction of the MPA so ..read more

Facing the challenges of divorce, child maintenance, and spousal support can seem daunting, but there’s no need to go through it by yourself. The right expertise in these areas is crucial for securing outcomes that are fair and favourable to you. Specialised knowledge in family law is your key to receiving effective legal advice and representation during these difficult times. This specialised approach ensures that your case is handled with the attention and expertise it deserves, leading to the best possible outcome for you and your family. Divorce The process of divorce is multifaceted, dema ..read more

When buying immovable property, the offer to purchase serves as an agreement between buyer and seller. Within this document, certain clauses demand meticulous attention from both parties. These clauses outline the rights, obligations, and procedures that govern the transaction. Understanding these key provisions is essential for ensuring that the interests of both the buyer and seller are protected and that the purchase process proceeds smoothly and transparently. Breach of contract clause: Once the offer to purchase is signed by both parties, it is a valid contract. The relationship between t ..read more

When considering the purchase of a unit within a complex, it’s crucial to look beyond the surface-level expenses such as the advertised levies. Without thorough research, potential buyers may find themselves facing unexpected financial burdens. The structure of sectional title schemes In sectional title schemes, you own your unit but share ownership of the property’s common areas with other unit owners. This collective ownership, known as the body corporate, is responsible for the maintenance of exteriors, gardens, security, and the overall upkeep of the complex. These responsibilities are fun ..read more

Regardless of socioeconomic background, all South Africans will have access to high-quality medical care through the National Health Insurance institution, which finances healthcare. As a result, all South Africans would have free access to high-quality healthcare services at accredited institutions like clinics, hospitals, and private medical practitioners. On 12 June 2023, the National Assembly approved the National Health Insurance Bill. This happened after more than 15 years of public deliberation and a preliminary review by a special committee in Parliament. The next step is for this comm ..read more

One aspect that is often not considered in great detail during the formation and registration of a juristic person in South Africa is its registered office, also often referred to as its registered address. Parties often opt to use a convenient location as a company’s registered address and do not give it sufficient consideration when registering a company or when moving a company from one location to another. This article will briefly consider the legal requirements relating to a company’s registered office. The Companies and Intellectual Property Commission (CIPC) has done a great deal to st ..read more

In South Africa, the number of couples who are permanently living together in life partnerships is increasing every year. What are the consequences that would ensue if either of the partners in the relationship dies without a will? Should a surviving partner in such a scenario have a claim for inheritance or maintenance from the deceased estate? If yes, under what circumstances would a claim be allowed? The answer to these questions will be explored in light of the Bwanya v Master of the High Court, Cape Town and Others case. The facts of the Bwanya case were as follows: Ms Bwanya and Mr Ruch ..read more

In Part 1 of this article, we looked at the roles and functions of a notary, especially their general duties. In this part, we will look at the work reserved for notaries and a notary’s role in the certification and authentication of documents. One will see the necessity and importance of using a notary. The Deeds Registries Act requires notarial attestation (official certification by a notary) for several types of documents to be registered in the Deeds Office. These include, but are not limited to: Antenuptial contracts; Notarial bonds; Personal servitudes, for example, a usufruct; Praedial ..read more