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Hammond Pole Attorneys > Blog & Articles

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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Foreign & Customary Marriages and the implication on the South African Property Law

Marriages

Hammond Pole Attorney, Neill Mc Kinon tells us more about Foreign & Customary Marriages, and the implications thereof when it comes to conveyancing. Marriage in South Africa whether religious or by way of civil union comes with a set of consequences applicable to the transfer of immovable property. The same can be said about foreign and customary marriages. Firstly, whilst foreigners living in South Africa are entitled to own property, the consequences of a foreign marriage must always be taken into account when acquiring and disposing of immovable property. When it comes to dealing with married persons in South Africa, the Marriage Act...

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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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