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Hammond Pole Blog

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Religious Marriages and the results thereof

Marriage in South Africa exists in a number of different forms, as a result of the diversity of religions and cultures in the country. This article has been written by Michelle Orsmond, an in-house Family Law expert at Hammond Pole Attorneys.  In this article, we take a brief look at foreign and customary marriages and the implications thereof when entering into such a marriage. Religious marriages, more in particular Muslim Marriages, have no legislative framework governing them. These religious marriages are not legally recognized as having the same legal status as civil marriages in terms of the Marriage Act 25 of 1961. The consequence of...

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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 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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Frequently asked questions about divorce

Here are some FAQ's about divorce. How much does it cost to get a divorce? Divorces are unique to the individuals wanting the divorce as they depend on the circumstances surrounding the marriage. At Hammond Pole, we offer advice and assistance in determining the best route to take in reaching the most favourable outcome to our clients in the least amount of time. The cost of your Divorce will depend on the circumstances of your situation (whether there are minor children born of the marriage, your assets, maintenance claims, etc.) at the time of divorce. How long does it take to get a...

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‘VOETSTOOTS’: What does it mean?

'Voetstoots' merely means that as a seller you are selling the property with the existing problems it has. So the buyer takes it "as is". There is one very important caveat here - as the seller you have to fully disclose all known problems with the property in order for the buyer to make an informed decision. A voetstoots clause will not provide any legal protection if you intentionally conceal defects in bad faith with the purpose of defrauding the buyer. We are situated on the East Rand of Johannesburg (JHB) in close proximity to the airport. The following towns are nearby: Boksburg, Benoni, Kempton Park, Germiston,...

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What to do after the passing, or death, of a loved one: A Guide on how to start winding up the estate and the process thereafter.

Dealing with the death of a loved one can be over-whelming for all the family and friends concerned. It is for this reason that we at Hammond Pole Attorneys would like to assist you in setting out the correct processes to follow, when winding up the estate, in order to avoid making this traumatic experience any worse. First and foremost it is crucial to limit the financial exposure of the family in regards to the death of a loved one. That is why it's so important that the family report the passing of the loved one to the Masters office as...

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An antenuptial agreement is a contract signed before marriage by parties who intend to marry each other out of community of property. In other words, each person wants to retain ownership of his or her own assets as opposed to pooling the assets to form one communal estate. If no such agreement is signed the husband and wife will automatically be married in community of property. The decision to enter into an antenuptial contract may have serious consequences. Both during the course of the marriage and in the event of its dissolution (whether on death or divorce) and it is therefor...

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STATS SA has released some figures on Civil Debt Cases in Judgments in South Africa. Below is a summary with a link to the full report. - The total number of civil summonses issued for debt decreased by 0,8% in the first quarter of 2017 compared with the first quarter of 2016. The largest negative contributions to the 0,8% decrease were civil summonses relating to:  services (contributing -3,4 percentage points);  goods sold (contributing -2,0 percentage points); and  rent (contributing -0,5 of a percentage point). - The total number of civil judgements recorded for debt decreased by 16,1% in the first quarter of 2017...

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A certificate of conformity (COC) is required by law for all permanent liquid gas installations in your house or property and must be obtained from an authorised person or an approved inspection authority, which confirms that it is safe according to the applicable standards. Examples of gas installations that require this certificate include gas fire places or gas hobs, as well as gas hot water systems, gas fireplaces, etc. According to the pressure equipment regulations of 2009 an authorised person shall issue a COC after a gas installation or alteration of the installation and where there is a change of user...

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Even with a decline in the number of people getting married in South Africa, since 2016, the divorce rate in South Africa has increased. IS THERE SUCH A THING AS A GOOD DIVORCE?? YES!! The same manner in which you and your partner chose to get married, the choice is ultimately yours to decide how you wish to get divorced. 1. A uncontested divorce: This possible providing you and your partner can agree on: 1) Arrangements regarding your children? and 2) The division of your assets? After consulting with your attorney, we can assist you with drafting a divorce settlement agreement (contract) recording whatever you and your...

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