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What Happens to Your Home When Your Estate Is Sequestrated?
One question comes up in just about every conversation about sequestration: Will I lose my house? The honest answer is

What Directors Need to Know About the Financial Distress Test
Under the Companies Act 71 of 2008, a South African director has a legally enforceable duty to act the moment

Why Your Antenuptial Contract May No Longer Protect Your Assets
An antenuptial contract (ANC) out of community of property without accrual still provides meaningful asset protection in South Africa, but

Can A Parent Avoid Paying Maintenance by Moving Abroad?
Your divorce is finalised, and there’s a maintenance order in place – then your ex gets on a plane, and

The Dedicated Insolvency Court: What Businesses Need to Know
South Africa’s insolvency landscape shifted significantly on 21 February 2024, when the country launched its first-ever Dedicated Insolvency Court within

Sequestration vs Debt Review: Which Option is Right for You?
When debt becomes unmanageable, two legal options are available to South Africans seeking relief: debt review and sequestration. Both provide

The New Parental Leave Rules in South Africa Explained
South Africa’s parental leave landscape changed fundamentally on 2 October 2025. In a unanimous judgment, the Constitutional Court confirmed in

How Can Parties Approach a Spousal Maintenance Adjustment?
Spousal maintenance, often referred to as spousal support, is not automatically permanent or fixed in stone. In South Africa, maintenance

How Can You Minimise Losses During Liquidation?
When a business is facing financial distress, timing and compliance are everything. If your company cannot pay its debts as

Securing Financial Relief During Divorce: Rule 43 and Rule 58 Applications
Divorce proceedings in South Africa can be lengthy, often stretching from several months to years if the matter is heavily

Why You Cannot “Hide” Assets Before Sequestration
When an individual faces the overwhelming pressure of mounting debt, the impulse to “hide” certain assets from the reach of

How Sequestration Affects Jointly Owned Property and Spouses
Sequestration can feel overwhelming, especially when you share a home, vehicles, or other assets with your spouse. Many people worry

Why Mediation and Communication Matter Before and After a Divorce
Approaching a divorce with open communication and a willingness to work together can make a meaningful difference, and mediation often

Who is Responsible for Maintenance After Divorce?
Divorce is not just an emotional process, but also a financial undertaking. Many couples end their marriages unsure about what

What Business Owners Need to Know About Liquidation
Running a business comes with plenty of highs and lows. But when you’re facing prolonged periods of financial strain, one

How Insolvency Affects Your Credit Record
For many South Africans, financial hardship can lead to insolvency or sequestration. While this legal process can provide much-needed relief

Divorce and Debt: Who is Responsible After Separation?
Money matters are one of the biggest worries for couples going through a divorce. While questions about who gets the

What Is Curatorship and When Is It Necessary?
Life sometimes presents difficult circumstances where a loved one cannot manage their own affairs due to illness, injury or incapacity.

Recovering from Insolvency: Rehabilitation Explained
Sequestration can feel like the end of the road, having your assets sold off and financial independence stripped away. Thankfully,

Does Infidelity Affect Divorce Settlements in South Africa?
When a marriage breaks down because one spouse has been unfaithful, emotions tend to run high, and understandably so. For

Can You Be a Company Director After Sequestration or Liquidation?
If you’ve been through sequestration or liquidation, you may be wondering whether you can start afresh in the business world,

What Does a Family Law Attorney Do?
When families face challenges or transitions, a family law attorney can help provide clarity, structure and valuable legal insights. These

What Assets Can Be Seized During Sequestration?
Sequestration offers individuals overwhelmed by debt a chance to start over financially. However, it comes at a cost: your estate

What Happens to Employees During Liquidation?
When a company goes into liquidation, it can be an uncertain period for everyone involved, but especially for employees. Jobs

Who Takes Ownership of Pets After a Divorce?
In many households, pets are more than just animals, they are family. As many couples increasingly treat their pets like

Rehabilitation After Sequestration: How and When Can You Apply?
If you’ve been through the sequestration process, you’ve likely faced a difficult chapter of your financial life. Thankfully, sequestration doesn’t

What If You Don’t Sign an Antenuptial Contract Before Marriage?
For many couples caught up in the excitement of wedding planning, legal contracts are the last thing on their minds.

Insolvency: What It Means for Individuals and Businesses
Insolvency is a word no one wants to hear – but if you’re facing mounting debts, struggling to pay your

Are Domestic Partnerships Protected Under The Law?
More and more couples are choosing to live together without getting married. Whether it’s for financial reasons, personal values or

The Children’s Act: Protecting Children’s Rights
South Africa has a strong legal framework to protect the rights of children, with The Children’s Act 38 of 2005

When Should You Consider Hiring a Civil Litigation Attorney?
The legal world can be overwhelming, especially when you’re dealing with contracts, disputes or financial hardships. If you’re facing a

Legal Options If a Parent Doesn’t Follow a Parenting Plan
Navigating your parental responsibilities and rights after a separation or divorce can be challenging. However, it becomes even more taxing

Legal Fees: Who Pays the Legal Costs in Litigation?
Legal costs are an essential but often misunderstood part of litigation. Many individuals involved in legal disputes are unsure about

The Spectrum of Dispute Resolution: Exploring Legal Options
Disputes are inevitable in life, whether in personal or business contexts. In South Africa, the legal system offers a range

How Family Law Helps Protect Victims of Domestic Violence
Domestic violence is a grave issue that affects countless families in South Africa, cutting across all demographics and leaving deep

Dissolution of a Customary Marriage: Key Considerations
South Africa’s rich cultural diversity includes many traditional practices around marriage and divorce that differ from Western legal frameworks. The

Compulsory vs. Voluntary Sequestration: What’s the difference?
Dealing with overwhelming debt can be daunting, and it can feel like there’s no way out. Thankfully, the sequestration process

Beyond Borders: A Closer Look at International Divorce
Divorcing a spouse living in another country can feel like an uphill battle, but with expert legal guidance, international divorce

Business Rescue: A Lifeline for Financially Distressed Companies
For entrepreneurs and business owners, challenges are inevitable. But when these challenges become too many, some companies may find themselves

Apostille Certificates: Simplifying International Authentication
If you’re planning to use official documents abroad, unfortunately, simply having them certified in your home country is not sufficient.

What to do When Facing a Breach Of Contract
Whether you’re a business owner, a freelancer or simply an individual managing your personal dealings, you will likely have entered

Relocating Internationally with Your Child as a Divorced Parent
Moving abroad can be an exciting opportunity, but as a divorced parent planning on relocating internationally with your child, the

The Key Components of Parental Responsibilities and Rights
Most of us have heard of the term Parental Responsibilities and Rights, but how many truly know the legal framework

Mistakes in Drafting Legal Contracts and How to Avoid Them
Drafting legal contracts is a process that just about every business will have to go through at some point. With

Common Types of Civil Litigation Cases
Civil litigation is the term used to describe the legal process for resolving non-criminal disputes between individuals, organisations or government

7 Common Myths and Misconceptions About Parental Responsibilities and Rights
Parental responsibilities and rights are often misunderstood, leading to various myths and misconceptions about the topic. These misunderstandings can cause

The Role of a Liquidator in Business Dissolution
When a company faces the tough decision to close down, whether due to financial struggles or because it’s the best

What is an Antenuptial Contract and Why You Might Need One
When you’re caught up in the romance of wedding planning, discussing something as pragmatic as an antenuptial contract might seem

Commercial Litigation: Your Ally in Protecting Your Business Rights
Disputes and breaches of contract are not uncommon in the business world. Such events can disrupt operations, strain relationships, and

Financial Support After Divorce: Spousal and Child Maintenance
In the aftermath of a divorce, ensuring financial stability can become a major concern, especially for those who have been

The Evolution of Customary Marriage: Legal Recognition and Rights
Customary marriage in South Africa has undergone significant transformation over the decades, especially in terms of legal recognition and the

Commercial Law Services: Facing Challenges in The Legal Landscape
Having to navigate the complexities of commercial law is an unfortunate byproduct for companies looking to thrive and expand. This

Divorce Mediation vs. Litigation: Choosing the Right Approach
Ending a marriage is tough, and figuring out how to divide everything up can feel like navigating a minefield. For

The Roadmap to Legal Resolutions: What is Civil Litigation?
Civil litigation offers a structured framework for resolving disputes and seeking redress. Whether you are an individual embroiled in a

Why is Accurate Contract Drafting so Important?
If you’ve ever been instructed to read through a lengthy legal document, you’ll know that contract drafting can be quite

Voluntary Liquidation: A Strategic Approach for Companies
In the intricate world of business and finance, there may come a time when a company, no matter how well-established,

Common Myths and Misconceptions About Family Law in South Africa
Family law in South Africa is a multifaceted legal field that deals with various aspects of familial relationships, including marriage,

Grandparents’ Rights in South Africa: A Complex Legal Landscape
The role that grandparents play in the lives of their grandchildren cannot be overlooked. Grandparents often shower their little ones

The Key to Success in Civil Litigation Cases
Whether you’re a small business owner seeking to resolve a commercial dispute or an individual facing a lawsuit, effective representation

Estate Planning Essentials: How to Secure Your Legacy
Planning for the future goes beyond your own dreams and aspirations – it’s about safeguarding what you’ve worked hard to

The Importance of Legal Contracts: A Guide to Secure Agreements
In the dynamic landscape of business and personal relationships, legal contracts are the backbone of secure and transparent agreements. These

Domestic Violence Laws: Legal Options for Victims
Domestic violence is a distressing issue that affects countless individuals and families in South Africa. Victims need to be aware

Asset Division and Divorce: What You Need to Know
Often, one of the most contentious aspects of a divorce is the division of assets between partners. In South Africa,

Spousal Maintenance In South Africa: What You Need to Know
Divorce can be a challenging and emotionally charged process, often accompanied by financial uncertainties. Spousal maintenance is a concept that

What Are The Rights of Unmarried Fathers in South Africa?
In South Africa, parents have the legal responsibility to support and care for their children. They also have the right

Child Relocation in South Africa: What Happens After Separation
The decision to relocate with a child can be a difficult one, especially when it involves moving far away from

Disputes After Divorce: What is a Contempt Of Court Order?
Divorce agreements are legally binding contracts between former spouses that govern various aspects of their separation, such as the division

When Should You Consider Hiring A Family Law Attorney?
Family law is a branch of law that deals with legal issues related to family relationships, such as marriage, divorce,

Applying For Interim Relief During A Divorce
In South Africa, divorce proceedings can be lengthy and costly and some individuals struggle to cope with the costs involved.

Applying for a Protection Order to Prevent Domestic Abuse
It is a sad fact that many people will suffer some form of abuse from their partner during the course

The Effect of Curatorship in South Africa
Individuals that are incapable of managing their own affairs and estates can be placed under curatorship. A curator is then appointed

Child Relocation After Divorce or Separation
Many South Africans have relocated their families both nationally and internationally in the lastdecade, in a bid to find a

Rule 43 Applications: Support During Divorce Proceedings (Rule 58 in Regional Court Divorces)
Divorce proceedings can drag on for months, even years if the divorce is contested by one of the parties. This

Enforcing Divorce Agreements: Filing for a Contempt of Court Order
When a divorce is uncontested, a settlement agreement will be drawn up between the two parties detailing the terms of

The Different Types of Divorce in South Africa
When a divorce is finalised a couple’s marriage is terminated and with it also the legal obligations and responsibilities of

The Role of Family Law Attorneys in South Africa
Family law attorneys practice a broad area of law that is very dynamic. This area of the law, as the

The Different Components of Parental Responsibilities and Rights
The Children’s Act of South Africa defines the different components of parental responsibilities and rights that an individual can have in respect

What are The Benefits of Hiring a Divorce Attorney?
In South Africa, High Courts and Regional Courts have the authority to grant a divorce. And although it is possible

Grounds for Divorce in South Africa: When can You get a Divorce?
When a divorce has been finalised, a couple’s marriage is effectively dissolved and they cease to have any legal responsibilities

What Does It Mean To Be The Guardian of a Minor Child?
Children need to have guidance as they grow up and learn to navigate their way through life. Children can become

Put An End To Abuse And Harassment With A Protection Order
Abuse and harassment come in many different forms and victims can often feel powerless in these situations. In many cases,

Section 28 of the Children’s Act: Termination of Parental Responsibilities and Rights
The Children’s Act 38 0f 2005 seeks to protect children in South Africa and details, among other things, the parental

Getting Married In Community of Property vs. Out of Community of Property
There are many decisions that a couple needs to make when planning to get married. Who to invite to the

The Different Types of Curators in South Africa
The goal of curatorship is to protect the interests of those individuals in society that are vulnerable to exploitation and

The Rights of Unmarried Couples Living Together
There are many unmarried couples living together in long-term relationships that may not be aware of the laws that govern

Getting a Divorce When Your Spouse’s Whereabouts Are Unknown
A married couple may decide to separate for various reasons, opting to live in different houses and essentially lead separate

The Purpose of an Apostille Certificate
Apostille Certificate is a specialised form of authentication attached to your original documents to verify their legitimacy. Apostilled documents are

Settling Disputes Through Post Divorce Mediation
It is not uncommon for disputes to arise when a couple is going through the divorce process. Sometimes, even after

What Is The Purpose Of An Edictal Citation?
If you reside in South Africa and wish to divorce a spouse that is living abroad you will need to

6 Tips To Avoid Expensive Legal Advice
If you need legal advice for your business or personal matters, hiring quality and professional lawyers may cost you lot

Antenuptial Contract: Should You Get One?
Death or Divorce are the last two things we want to think about when we can hear wedding bells in

Assisted Conception: What Are Your Rights?
Two parties get married and a few years later decide to have children, unfortunately, the couple needs assisted conception in

Which Things Are Excluded From Accrual?
“A great family heirloom, in the form of a beautiful golden necklace was handed down to me from my mother.

Married Out of Community of Property With Accrual vs Without Accrual
WHAT IS THE MEANING OF ACCRUAL? According to the Matrimonial Property Act 88 of 1984, Section 4(1)(a) accrual can be

Wondering What Clauses to Put in Your Will? Here’s a few Interesting Ideas
The notoriously egomaniacal hotelier famously left $12 million to her Maltese, Trouble, while entirely cutting two of her grandchildren out

What Happens to My Will After Getting Divorced?
A made his wife B the sole-beneficiary in his will. A and B gets divorced. A did not amend his

Customary Marriage VS Antenuptial Contract
A and B fell in love and a few years later decided they want to get married. A’s family started

Behind The Scenes: What To Do If Your Dog Bites Someone?
There is no lie that a dog is a man’s best friend. But what do you do if your dog

Understanding Agreed/Uncontested Divorce
Divorce proceedings can become an emotional, tiresome and time-consuming undertaking and most would prefer it if the process could be

Parental Responsibilities and Rights After Separation
When a child is born in South Africa, both parents are inherently responsible for the well-being of that child. In

The Effect of Antenuptial Contracts on Your Marriage
When two parties enter into a marriage in South Africa, unless stated otherwise, they are automatically married in community of

Understanding Contested Divorce in South Africa
Going through divorce proceedings is more often than not a stressful experience for both spouses. There are a number of

Maintenance of Minor Children After Separation
Minor children are amongst the most vulnerable in our society as they are essentially incapable of caring for themselves. Because

Are you Eligible for Substituted Service Divorce?
If a person wishes to initiate divorce proceedings against their spouse in South Africa, the court requires that the divorce

Simplifying International Divorce With Cawood Attorneys
What can you do If you wish to initiate divorce proceedings against your spouse when they reside outside of South

The Importance of a Cohabitation Agreement
In South Africa, it is widely believed that a couple automatically enters into a common-law marriage if they have lived

Post-Divorce Mediation: Addressing Disagreements After Divorce
In some cases, a divorce truly means the end of a relationship and parties don’t intend to interact with one

The Role of Family Law Attorneys in South Africa
Family law is a term that is used to describe a broad practice area of law that is very dynamic.