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An overview of Civil Union & Partnerships by Hammond Pole Attorneys

Civil Union & Partnership

 Hammond Pole Attorney, Ardene Nel provides an overview of Civil Union Marriages & Partnerships in this article.  What is a Civil Union? Civil Union marriages were introduced in South Africa by way of the Civil Union Act, 2006. This specific Act, is the act which legalised same sex marriages. Parties who enter into a Civil Union Marriage or partnership have the same rights, legal consequences and responsibilities, as parties who have entered into a civil marriage. A Civil Union marriage or Partnership can either be a marriage or partnership between a party of the same sex, or those of the opposite sex. What are the different...

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Civil Marriages

Civil Marriages

To establish the contractual capacities of the parties who enter into an agreement, it is of utmost importance to first confirm these parties' marital status. This will determine the positions in which the parties can act in terms of concluding an agreement. Civil marriage is a marriage that entered into between a man and a woman. More particular, the parties are of the opposite sex. In terms of South African Law, there are three types of Civil Marriages, and they are as follows: -           A marriage in community of property; -           A marriage out of community of property, with the inclusion of the accrual...

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COVID 19 – NON-ESSENTIAL EMPLOYEE NOT ABLE TO WORK REMOTELY: SICK LEAVE? UNPAID LEAVE? ANNUAL LEAVE?

Covid-19 has effectively divided our workforce into essential and non-essential employees. While essential employees continued with their employment, albeit under very different circumstances that came with their challenges, non-essential employees were left with many questions in the event of them not being able to work remotely.  We have focused the below article on non-essential employees that we're unable to work remotely. The below questions are some examples of what has been raised by my respective clients in the last few weeks:  Can the company apply the "no work, no pay" principle?    Can the company force me to take unpaid leave? ...

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New Law created at the Supreme Court of Appeal in one of Hammond Pole’s Divorces.

Hammond Pole Attorneys are ecstatic to announce that the law pertaining to divorce and accrual has forever been changed! Our very own Senior Associate at Hammond Pole Attorneys, Tania Abbotts, attended to a matter in 2016, whereby the high court ordered that a living annuity cannot be included in a spouse’s estate for purposes of calculating accrual. This meant that the court confirmed that spouses involved in a divorce could purchase a living annuity, and effectively use it to place their Pension Interests, in order to reduce their total assets when it came to assessing whether there was an accrual claim. South...

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How does your marriage status affect you when buying property in South Africa?

Marriage Regimes in Property by Hammond Pole Attorneys

It is important for an estate agent to ask the question – how the parties are married from mandate stage when dealing with property. The reason for this is to establish the legal capacity of all parties in terms of the agreement. Ardene Nel, an Attorney at Hammond Pole Attorneys, explains how your marriage status could affect you when buying property in South Africa. South African Marriage Regimes The following are various types of marriage regimes in South Africa: Civil Marriages Civil Unions and Partnerships Customary Marriages Foreign Marriages Let’s have a brief look at each regime individually to better understand how this could...

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