Under the Companies Act 71 of 2008, a South African director has a legally enforceable duty to act the moment their company shows signs of financial distress. Financial distress is defined as being unable to pay debts within the next six months or likely to become insolvent within six months. Ignoring this duty can result […]
An antenuptial contract (ANC) out of community of property without accrual still provides meaningful asset protection in South Africa, but it is no longer absolute. Following the Constitutional Court’s ruling on 10 October 2023 and the General (Family) Laws Amendment Bill B20-2025, courts now have the power to redistribute assets between spouses in these marriages […]
Your divorce is finalised, and there’s a maintenance order in place – then your ex gets on a plane, and suddenly, maintenance payments stop. It’s a situation more South African parents are facing as families are increasingly split across borders. And it raises an urgent question: Does leaving South Africa mean you can avoid paying […]
South Africa’s insolvency landscape shifted significantly on 21 February 2024, when the country launched its first-ever Dedicated Insolvency Court within the Gauteng Division of the High Court in Johannesburg. This represents a structural change that affects how quickly insolvency matters are resolved, how strictly compliance is enforced, and how much time distressed companies have to […]
When debt becomes unmanageable, two legal options are available to South Africans seeking relief: debt review and sequestration. Both provide protection from creditors and a path out of financial distress, but they work in fundamentally different ways and suit different circumstances. Debt review restructures what you owe to be paid off over a prolonged period […]
South Africa’s parental leave landscape changed fundamentally on 2 October 2025. In a unanimous judgment, the Constitutional Court confirmed in Van Wyk and Others v Minister of Employment and Labour [2025] ZACC 20 that the parental leave provisions of the Basic Conditions of Employment Act (BCEA) were unconstitutional. The old rules, which gave birthing mothers […]
Spousal maintenance, often referred to as spousal support, is not automatically permanent or fixed in stone. In South Africa, maintenance orders may be revisited if circumstances change materially after divorce. Whether maintenance was granted in terms of the Divorce Act or agreed upon in a settlement agreement made an order of court, parties do have […]
When a business is facing financial distress, timing and compliance are everything. If your company cannot pay its debts as they become due (commercial insolvency) or if its liabilities exceed its assets (factual insolvency), it is essential to act immediately. Under South African law, directors may incur personal liability if they knowingly allow the company […]
Divorce proceedings in South Africa can be lengthy, often stretching from several months to years if the matter is heavily contested. For a spouse who is financially dependent on their partner, this period can be a time of immense vulnerability.To prevent a situation where one party is left unable to meet basic living expenses, the […]
When an individual faces the overwhelming pressure of mounting debt, the impulse to “hide” certain assets from the reach of creditors could arise. This could involve selling a vehicle to a relative or transferring property into a trust. However, it’s important to be aware that such actions taken in the months or even years leading […]
