Tips and Advice

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Here you will find relevant Legal Tips & Advice

Please be advised the information on this site is not detailed nor conclusive, should you need assistance in any related topic kindly contact our offices for a consultation at cost:

Legal Tip 01- Customary Marriage
  • In terms of the Recognition of Customary Act 120 of 1998, which commenced on 15 November 2000.  A customary marriage is recognized as a legal and valid marriage in South Africa.
  • The spouses have a legal duty to register the marriage with a registering officer. Normally this is done at the home affairs with the marriage officer.
  • Either spouse can apply to have their marriage registered and will need to provide the registering officer with following information:
    – Lobola letter
    – Two  Affidavits from both families who were present at negotiations
    – Both parties must present their Identity documents (husband and wife).
    – Court order – stating   parties are customarily married (if other party is deceased)
  • Failure to register your customary marriage does not affect the validity of the marriage.
  • Therefore should one party die, the surviving spouse can still apply to court for an order to have the marriage registered.
Legal Tip 02 – ‘’Serious injuries’’ in terms of the New amendment act of the ROAD ACCIDENT FUND
  • Many clients have walked into our offices, confused and frustrated about the changes in the road accident fund claims. Some do not understand why they are being told that they do not have a claim and others simply cannot understand what constitutes a ‘’ serious injury’’.
  • According to the new amendment act, of the road accident fund, each claimant only has a valid claim for general damages if he/ she  can prove that after being assessed by a medical practitioner according to the medical guidelines prescribed, that his /her injuries constitute 30% of his/her bodily impairment.
  • This however does not preclude you from claiming for medical expenses and loss of income.  If you are able to prove the latter, you should be able to claim same from the RAF.
  • Each matter needs to be dealt with on its own merits and depending on the extent of your injuries and how it affects your employment, another test can be applied.
  • The information provided on this issue is not conclusive and is simply a brief explanation of the developments of RAF claims after 01 August 2008.  The process is more extensive and cannot be dealt with on site, should you need further assistance kindly contact our offices and arrange for a consultation.
Legal tip 03 – Divorce Mediation
  • Divorce mediation is an alternative dispute resolution mechanism, available to parties who want to get divorced without hassle, confidentially negotiate and settle their differences outside court proceedings.
  • The parties (both husband and wife) attend sessions of mediation (each session being about an hour long) with a mediator who facilitates the process and assist the parties with drawing up a parental plan and an agreement that will suit them both regarding division of their assets.
  • The parties would then be able to agree on access and maintenance pertaining to their minor children and amicably agree on how their debts and assets would be divided.
  • Once they have reached consensus, they are able to resolve the divorce without any fuss and within a matter of weeks.
  • The success of the mediation is determined on the co-operation between the parties.
  • Divorce mediation is not a replacement for our court system.  Once the parties have agreed, the matter can then proceed to court in the absence of the other spouse by way of an unopposed divorce.
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