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Have an Antenuptial Contract drafted. Two types of Antenuptial Contracts (or ANCs) exist:
Accrual system: the accrual system implies that all the assets which each party had before marriage remain separate, but those acquired during the subsistence of marriage are treated as a “joint estate”, and get divided equally after divorce
Without accrual system: Without accrual implies that the separate assets belonging to each party before marriage remain separated during the marriage, also, what each party acquires during the subsistence of marriage remain separate
Note: All marriages which are concluded without an ANC are automatically in community of property.
Although, by law, you are not permitted to execute an ANC after marriage, it is possible to change your matrimonial regime from in community of property to out of community of property. With the permission of the High Court, you can initiate the registration of a Postnuptial Contract by virtue of the Matrimonial Property Act.
You can file your own divorce by approaching your nearest Magistrates’ Court. You will need to complete and submit a proforma summons in order to obtain a case number, which will then need to be submitted to the sheriff to have it served on the other party. Filing for divorce can be complicated, and for this reason a divorce lawyer is recommended to assist with the process, especially with, but not limited to, the division of the joint estate negotiations.
Firstly, keep calm and insist on your rights to be read to you, such as the right to remain silent, the right to access to your lawyer, etc.
The police have 48 hours to charge you and have you taken to court for a bail application.
Should the 48 hours lapse, and you are still detained without being taken to court, the extended detention becomes unlawful.
You can call our 24-hour helpline for assistance in such cases.
Bail applications up to R3 000 are covered, over and above of providing an attorney or lawyer to assist with bail applications.
You can sue the minister of police for unlawful detention.
You need to settle all your debts in full. If judgement was taken, apply for rescission or the setting aside of the judgement, and once done, refer the matter to the relevant credit bureau for the updating of your credit profile.
- Firstly, you should lodge an appeal against the dismissal.
- If unsuccessful, refer the matter to the relevant bargaining council, such as the CCMA, within 30 days from the date of dismissal.
- If you refer after the expiry of the 30 days period, you need to apply for condonation for late referral, providing reasons why you referral is late.
- At the bargaining council hearing, the first step is conciliation, which implies that the commissioner tries to assist parties to the dispute to reach a common agreement.
- Conciliation is very informal, and no representation by an attorney is permitted.
- Should the conciliation not be successful, the dismissed employee can apply for arbitration.
- Representation is permitted at arbitration.
- A formal hearing takes place where parties have to provide and lead evidence, as well as get cross examined.
- Commissioner or arbitrator plays the role of a referee.
- The decision of the commissioner or arbitrator is final and cannot be appealed against, but it can be taken on review at the Labour Court.
This is an order (Emolument Attachment Order) issued by the court, in favour of a judgement creditor against a judgement debtor, which directs the employer to deduct a specified amount per month from the employee’s salary to be paid towards satisfying a debt which the debtor has against the creditor.
- Depending on the amount owed (if less then R15 000) you can have the matter referred to the Small Claims Court, which has jurisdiction in those instances.
- No representation is permitted at the Small Claims Court.
- Obtain a proforma Letter of Demand from the Small Claims Court, and after completing the letter, send it to the other party, giving the person 14 days to settle the debt.
- If the other party does not comply, revert to the Small Claims Court for a notice of set down for hearing.
- If the amount owed is more than R15 000, you need a lawyer to assist with the drafting and issue of summons.
- Approach the maintenance court in your area.
- Lodge a complaint with the clerks of the maintenance court, who shall open a file for you.
- A subpoena shall be served on the other party, with a date of hearing, where the other party shall be expected to show cause why he cannot afford the amount as you shall have claimed, or make a reasonable offer of payment of a specific amount.
- We only provide representation at such enquiries only if the other party has representation.