Tag Archives: SOUTH AFRICA

Can I Be Sued For Breaking Off An Engagement?

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Although there are no formal requirements for you to enter into a valid engagement, there is a question whether you can be sued for breaking up an engagement. In the past, the aggrieved person could claim for breach of promise under the common law.

However, the law is always changing.

In the South African case Van Jaarsveld v Bridges (click here for the full case)   the court dismissed a woman’s claims for damages. The Court held that the law relating engagements is outdated.This decision was confirmed in Cloete v Maritz (click here for the full case).

However, you can still be sued by your former fiance or fiancee for actual expenses that he or she incurred in the process of preparing for the wedding such as venue hire, decor etc.

You may break off an engagement without any financial consequence if there is a just cause such as your partner being unfaithful.

We hope this has been as useful as it is simple.

Disclaimer

The information contained on https://mysimplifiedlaw.wordpress.com at providing you with guidance on the South African law. We have ensured that this information is accurate, however, the law is constantly being changed. Although we have tried to keep this information accurate, we cannot guarantee that there are no omissions or errors. Therefore, http://www.mysimplifiedlaw.wordpress.com will not , under any circumstance accept liability for or be held liable for consequences resulting from the use or inability to use the information by the reader or negligence by us in relation to the information used. Every person has unique circumstances and this information has not been provided to meet individual requirements.

The Rights to the images used on http://www.mysimplifiedlaw.com and its social media belong to their respective owners. Please contact us for any queries in this regard.

 

 

Do I Need a Prenuptial Agreement?

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What is a Prenuptial Agreement?

In South Africa, Prenuptial Agreements better known as “Prenups” are called Antenuptial  Agreements. This is an agreement entered into by a couple before they get married which aims at protecting their individual interests.

What are my Options?

You can choose between

  1. An Antenuptial Agreement without Accrual

    In the event of your death or a divorce, your spouse is only entitled to what he or she has accumulated over the course of the marriage. If your spouse is declared insolvent, you will be protected from any creditors. Lastly, if you fail to support yourself financially, your partner will be legally obliged to support you.

  2. An Antenuptial Agreement with Accrual

    Before you enter into marriage, you and your spouse will list down all the assets you want to be excluded from the accrual. Whatever is then accumulated during the period of the marriage by both spouses is divided equally. Each partner is financially independent.

What Happens if I do not get a Prenuptial Agreement?

In South Africa, if you do not have a prenuptial agreement, you are automatically married in community of property, meaning that everything is shared 50/50. If you fail to acquire a prenup before you enter the marriage, you may enter a post nuptial contract after you are married.

We hope this has been as useful as it is simple.

Disclaimer

The information contained on https://mysimplifiedlaw.wordpress.com at providing you with guidance on the South African law. We have ensured that this information is accurate, however, the law is constantly being changed. Although we have tried to keep this information accurate, we cannot guarantee that there are no omissions or errors. Therefore, http://www.mysimplifiedlaw.wordpress.com will not , under any circumstance accept liability for or be held liable for consequences resulting from the use or inability to use the information by the reader or negligence by us in relation to the information used. Every person has unique circumstances and this information has not been provided to meet individual requirements.

The Rights to the images used on http://www.mysimplifiedlaw.com and its social media belong to their respective owners. Please contact us for any queries in this regard.

 

 

 

How Do I Enter Into A Civil Union?

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A Civil Union is a voluntary union of two persons (male and female or same sex ) who are over the age of 18. This union has to satisfy the following requirements found in the Civil Union Act. You can find this Act by clicking here: Civil Union Act.

  • You cannot enter into a Civil Union if you are already married under the Marriage Act or the Recognition of Customary Marriages Act
  • If you were previously married, you must present a certified copy of your divorce order or death certificate of your former spouse to the Marriage Officer.
  • You may only enter into a civil union if, apart from the fact that you and your partner are of the same sex, you would be able to enter into a marriage under the Marriage Act.
  •  A Marriage Officer may refuse to solemnise your civil union if there is an objection and proof of a lawful impediment to your proposed union.
  • A Civil union must be solemnised in the presence of both you and your spouse and 2 competent witnesses.
  • You may not enter into a Civil Union through a representative.

We hope this has been as useful as it is simple. 

Disclaimer

The information contained on http://www.mysimplifiedlaw.wordpress.com aims at providing you with guidance on the South African law. We have ensured that this information is accurate, however, the law is constantly being changed. Although we have tried to keep this information accurate, we cannot guarantee that there are no omissions  or errors. Therefore, http://www.mysimplifiedlaw.wordpress.com will not , under any circumstance accept liability for or be held liable for  consequences resulting from the use or inability to use the information by the reader or negligence by us in relation to the information used. Every person has unique circumstances and this information has not been provided to meet individual requirements.

The Rights to the images used on http://www.mysimplifiedlaw.com and its social media belong to their respective owners. Please contact us for any queries in this regard.

How do I get a Will?

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What is a Will?

A will is a document stating your final wishes which is read by a court after your death. The court has a duty to make sure that your final wishes are carried out as you requested in your will. However, for the court to do this, your will must satisfy the requirements found in the Wills Act which you can find by clicking here Wills Act.

What Can I Put in my Will?

Most people think that you are only allowed to allocate your property in a will. However, you may also include

  • who the guardians of your children should be
  • who the executor of your estate should be ( an executor compiles a list of your assets and all your ,liabilities and decides how the debt must be paid and how the remaining assets Should be divided among the heirs of your estate.)
  • who should take care of your pets after your death

How Can I Make my Will Valid?

There are a few simple requirements that you should follow for your will to be considered valid by the courts

  • You must be over the age of 16.
  • You must sign your will-

This is very important. If you are unable to sign it, perhaps too sick or weak to do so, you may have someone sign it for you. However, this must be done in your presence otherwise the will will not be a valid one.

  • You need 2 competent witnesses-

You must sign your will in the presence of 2 competent witnesses. This means that your witnesses must be able to understand what they are witnessing. You need to have these 2 witnesses present even when you ask someone else to sign for you.  It is important to remember that your 2 witnesses must sign your will in your presence and in the presence of each other.

Please note that your 2 witnesses and the spouses of those witnesses cannot be heirs in your will. However, this rule can be ignored if the court is satisfied that you were not influenced into your decision by these witnesses.

  • You must sign on every page of the will

You may sign anywhere on all the pages, excluding the last page.

  • You may sign your will by making a mark that is not the  signature you normally use,

However, a commissioner of oaths must certify that the will is indeed yours. This must be done as soon as possible after writing your will. If you happen to pass on before the will has been certified, your will must still be certified by the commissioner as soon as possible after your death for your will to be valid.

You now have a valid will that will be enforced by the court following your death.

If your will does not satisfy these requirements upon your death,  it may still be enforced by the court ,if the court is satisfied that you intended for that document to be your last will and testament.

We hope this has been as useful as it is simple. 

Disclaimer

The information contained on http://www.mysimplifiedlaw.wordpress.com aims at providing you with guidance on the South African law. We have ensured that this information is accurate, however, the law is constantly being changed. Although we have tried to keep this information accurate, we cannot guarantee that there are no omissions  or errors. Therefore, http://www.mysimplifiedlaw.wordpress.com will not , under any circumstance accept liability for or be held liable for  consequences resulting from the use or inability to use the information by the reader or negligence by us in relation to the information used. Every person has unique circumstances and this information has not been provided to meet individual requirements.

The Rights to the images used on http://www.mysimplifiedlaw.com and its social media belong to their respective owners. Please contact us for any queries in this regard.