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 […]
Sequestration can feel overwhelming, especially when you share a home, vehicles, or other assets with your spouse. Many people worry about what will happen to jointly owned property during sequestration, and whether their partner’s estate will also be affected. The outcome depends heavily on the matrimonial property regime and the rules set out in the […]
Approaching a divorce with open communication and a willingness to work together can make a meaningful difference, and mediation often plays an important role. In South Africa, mediation is recognised as a valuable tool for resolving disputes before, during, and after a divorce, especially where minor children are involved. What is Mediation and Why It […]
Divorce is not just an emotional process, but also a financial undertaking. Many couples end their marriages unsure about what happens next. In South Africa, maintenance after divorce can take several forms and may involve supporting an ex-spouse, as well as ensuring that the couple’s children’s needs are met fairly. Child Maintenance: A Shared Responsibility […]
Running a business comes with plenty of highs and lows. But when you’re facing prolonged periods of financial strain, one term you’ll hear often is liquidation. Understanding what liquidation means, when it’s appropriate, and how the process works can make all the difference. What Is Liquidation? In simple terms, liquidation is the formal legal process […]
For many South Africans, financial hardship can lead to insolvency or sequestration. While this legal process can provide much-needed relief from overwhelming debt, it also raises an important question: how will this affect my credit record, and for how long? Understanding the connection between insolvency and your credit record is critical for making informed financial […]
Money matters are one of the biggest worries for couples going through a divorce. While questions about who gets the house or car will often take centre stage, debt is just as important to understand. And if you are going through a separation, you may also be find yourself asking: who pays the debt after […]
