25
Jan '18

As promised; we now look at the Divorce process.

All divorces are dealt with either in the High Court or in the Regional Divorce Court; which courts have been specifically created to assist the High Court in dealing with divorce matters. There is a High Court in each major city; and various Regional Divorce Courts in each Region of each province.

25
Jan '18

Sadly; one of the matters that we get many queries about; is the issue of divorce.

Most of us get married for life; but many marriages end in divorce.

22
Jan '18

In our last blog we looked at proprietary rights on divorce.

Today we look specifically at pension benefits at divorce.

One needs to be very careful about how retirement benefits are divided between spouses at the time of a divorce. Many people including their own attorneys get it wrong and leave non-member spouses, in particular, financially vulnerable as a result. And some of those getting it wrong are the so-called experts including divorce lawyers and retirement fund trustees and advisors.

22
Jan '18

It is a sad fact of life that many of our marriages end up in a divorce; and as the statistics imply that up to two-thirds of all marriages, depending on where you live and into what social bracket you fall, end in a divorce; it is advisable to know your rights.

A divorce order should cover the dissolution of the marriage, custody, guardianship and care of children, maintenance for the spouse (if applicable) and the division of/or be awarding of assets and liabilities acquired before, during and at the end of the marriage relationship.

23
Apr '18

Dismissal

An employer cannot just dismiss you without a fair and impartial disciplinary hearing.

Last week; we received the following email inquiry.

“I was recently fired as a manager of a retail clothing company. The company held me responsible for a certain stock theft that happened under my watch, claiming that I was negligent in my duties. I was asked to leave without any prior verbal warnings, written warnings or even a disciplinary hearing.  Surely, I should at least have been given a fair opportunity to give the company my side of the story and to and show them that I was not negligent in any way in the execution of my duties and that I was in fact innocent. Please advise.”

You are absolutely correct.

25
Jan '18

We get asked both telephonically and by e-mail a number of questions on Labour Law which come up time and time again and so we thought we would just answer certain of these questions in this short blog so that the answers are there for all to see.

25
Jan '18

In the matter of Mashinini v Barrel & Beef restaurant, CCMA Arbitration FS1420 the question of whether a dismissal was fair or not was the issue in the Arbitration Hearing.

25
Jan '18

We had an interesting scenario and query raised with us last week.

It was an inquiry from an employer whose employee had helped himself to money that was due to him.

19
Jun '18

water bill faulty

If the meter is defective then it is the responsibility of the municipality to not only repair it they would also be liable for the cost of the wasted water.

 Here is the gist of an email inquiry we received last week:

 “Hugh; thank you for taking my earlier call. I live in Newlands in Cape Town and as you know we have severe water restrictions. I’ve really tried to cut down on my water consumption and over the last year, it‘s been very low. However, over the past 4 months my municipal water accounts suddenly more than tripled. Knowing this cannot be right I queried my accounts with the municipality. They said the consumption was correct according to my water meter and I must pay or my water would be cut off. The only explanation I have is that the water meter is not working correctly; but whose responsibility is it to verify this and whose responsibility is the excess water usage if it is defective?”

30
Apr '18

municipal debt unconstitutional

Does a seller’s historical Municipal debt “travel” with the property into the hands of the purchaser?

An important judgment was handed down by the Constitutional Court on the 29th August 2017 in the matter between Chantelle Jordaan and Others versus the City of Tshwane Metropolitan Municipality and Others under case numbers: CCT 283/16; 293/16 and 294/16.

This judgment should be noted by all property owners, estate agents, conveyancers and local authorities.

Subscribe to our Legal Advice Blog

Follow our weekly Blogs:
To Subscribe to our Legal Advice blog is simple and easy. Just type your email address at the bottom and click GO

News Feed

Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (028) 316 2832
Email: info@legaladviceoffice.co.za

Like what you see?

Close

Hit the buttons below to follow us, you won't regret it...

0
Shares