If you have signed as surety for a principal debtor and that debtor is sequestrated or liquidated, the creditor’s right to claim from you remains fully intact. This is one of the most misunderstood aspects of suretyship in South African law and one of the most financially devastating surprises a director can face. In South […]
One of the most common questions we hear from separated parents is: “When exactly does child maintenance stop?” Many assume the answer is simple: when the child turns 18. In practice, South African law is more nuanced. Child maintenance does not automatically end at 18, and misunderstanding or ignoring this can have real financial and […]
One question comes up in just about every conversation about sequestration: Will I lose my house? The honest answer is uncomfortable, and understanding it is the first step to protecting yourself. Unfortunately, your primary residence in sequestration enjoys far less protection than most people assume. The Short Answer Yes, it is highly likely. Under South […]
Blended families are common in South Africa, and when those marriages break down, a pressing legal question emerges: do step-parent maintenance obligations survive the divorce? Historically, no, but recent High Court rulings suggest that a step-parent who has voluntarily assumed an in loco parentis (in the place of a parent) role may be legally obligated […]
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 […]
