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Married Out of Community of Property? You May Still Be Entitled to a Share

Couples who sign antenuptial contracts often believe they have permanently settled the question of money in their marriage. What is mine stays mine. What is yours stays yours. Not so fast. The Constitutional Court recently expanded access to redistribution orders for spouses married out of community of property without accrual, particularly where strict enforcement of an antenuptial contract would produce unfair financial consequences at divorce. A 2025 KwaZulu-Natal High Court judgment shows what the redistribution remedy can deliver in practice.

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Buying a House: What Costs Will You Pay, and When?

It’s a really exciting time, buying a house, particularly if it’s your first! Don’t forget, however, that you will have to pay a variety of costs over and above the purchase price. What are those costs and when must you pay them? Do they impact your ability to afford the house you have your eye on? We’ll address those questions with a checklist of costs you should budget for. It’s a good idea to work these into a cash flow forecast so you aren’t ambushed by any unpleasant financial surprises during the transfer process.

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Director Delinquency Declarations: Managing Your Risk

The rewards of company directorship come with a caution: the duties and responsibilities imposed on you by the Companies Act need constant management. Drop the ball on that and you could face some seriously negative consequences. We’ll discuss one of those risks – the career-threatening risk of being declared a “delinquent” director – in the context of two recent court judgments which involved large amounts of money, seriously disaffected stakeholders, and 7-year bans from holding any position at director or senior management level. We’ll end by sharing some thoughts on how you can manage those risks.

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Considering Using Sequestration to Recover Levies? Think Again

Unpaid levies can leave body corporates out of pocket and out of patience. When conventional debt recovery feels too slow, sequestration may seem like the obvious next step. But a recent High Court judgment is a reminder that sequestration is not a debt-collection shortcut. The court refused an application by a body corporate that had failed to meet the strict statutory requirements. Before reaching for the nuclear option, body corporates should understand what the law actually requires.

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Beyond Your Will: Leaving a Legacy

Your will must always lie at the heart of your estate planning. But don’t concentrate solely on the financial wellbeing of your family after you are gone. The personal legacy you leave them is also important. It focuses on your family’s values, history and heritage, supporting your heirs in living their lives to the fullest while preserving and enjoying the material wealth they inherit from you. But how do you create a personal legacy that will last for generations, and how does this fit into your overall estate planning? We share some practical suggestions on how to get started...

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How to Protect Your Business’ Brand from Copycats

“You know you’re winning when you’re being copied.” (Robin Sharma, author of The Monk Who Sold His Ferrari) Whether your business is brand new or well established, you need to protect your trading, product and service names from being unlawfully […]

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Your Top 10 (Legal) New Year’s Resolutions for 2026

“My New Year’s resolution is to stop procrastinating. I’ll start tomorrow.” (Anonymous) Most New Year’s resolutions are vague, unwritten, and destined to be forgotten in the first week of January’s hustle and bustle. But please don’t neglect this Top Ten […]

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Property Sales and Side Deals: Verbal Agreements Don’t Cut it!

“With a verbal agreement you have nothing but air.” (Author and entrepreneur Robert Ringer) 2026 opens with positive signals for our property market after last year’s encouraging GDP forecasts, a credit-rating upgrade, and a series of interest rate cuts boosting […]

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Electronic Wills Aren’t Valid: Stick to Pen and Paper

“Let’s choose executors and talk of wills.” (William Shakespeare in Richard II) You may have read one of the many online articles about an electronic will being validated recently by the High Court. Don’t be misled into thinking that electronic […]

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How to Fund Your Divorce if Your Spouse Can Outlitigate You

“For what is wedlock forced but a hell, An age of discord and continual strife?” (William Shakespeare in Henry VI Part I) This article is a balm for anyone unfortunate enough to be stuck in an unhappy marriage full of […]

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