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Still Your Business Post Divorce?
Divorce can be a challenging and emotional process, but for business owners, it often introduces another level of complexity. Business ownership becomes especially vulnerable during divorce proceedings, and depending on the matrimonial property regime involved, the...
Mastering Maintenance: Exploring Different Types and Essential Processes
Introduction Maintenance in family law encompasses various types and processes, each with its own legal framework and considerations. Here are the key types of maintenance and their processes: 1. SPOUSAL MAINTENANCE: Post-Divorce Support Pursuant to Section 7...
Understanding The Protectable Interest in Restraint of Trade
Introduction A restraint of trade clause restricts employees from engaging in activities that compete with their former employer after leaving the company. These clauses aim to protect the employer’s proprietary interests—such as trade secrets, confidential...
Navigating Child Maintenance as a Business Owner
Introduction For business owners, navigating child maintenance goes beyond fulfilling a legal obligation; it involves balancing personal financial commitments with the unpredictability of business income and expenses. Legal Framework for Child...
Asset for Share Transactions Unpacked
Section 42 of the Income Tax Act 43 of 1961 as amended (“ITA”) is a critical provision that offers significant advantages for taxpayers involved in corporate restructuring. This section allows for what is known as an asset-for-share transaction, where a taxpayer can...
Rewarding Talent: A Comprehensive Guide To Employee Share Schemes
In today's competitive business landscape, attracting and retaining top talent is critical for the long-term success of any organisation. One of the most effective tools that companies can use to achieve these goals is **employee share schemes**. These schemes are...
Transforming Dispute Resolution: The Growing Power and Promise of Mediation
Introduction Mediation has increasingly gained recognition as a significant alternative dispute resolution (ADR) mechanism globally, and its relevance within legal systems continues to grow. The advantages of mediation, including its cost-effectiveness and ability to...
Understanding the Impact of Whole Agreement Clauses and the Parol Evidence Rule in Contractual Disputes
Introduction In commercial agreements, it is common for contracts to include a "whole agreement" clause, intended to capture the entire understanding between the parties. Such clauses, together with the parol evidence rule, play a significant role in limiting...
Legal Analysis: The Role And Impact Of Parenting Plans Under South African Law
Introduction The advent of parenting plans within South African family law marks a significant evolution in addressing the complexities that arise from the breakdown of parental relationships. This statutory innovation provides a structured approach to managing...
Understanding Prescription Laws In South Africa
Introduction Prescription, as a legal principle, operates to extinguish a debtor's obligation to pay a debt after a specified period has elapsed. This principle holds unless the debtor has acknowledged their liability within that timeframe. In the absence of...
Intestate Succession
Introduction The goal is always to investigate how inheritance law affects the allocation of property after death in regard to intestate succession. Two solutions in this matter will help achieve this. An owner can prepare a will specifying how his property...
Understanding Parental Rights and Responsibilities (PRR)
Introduction In South Africa, parental rights and responsibilities concerning a child are delineated in the Children's Act 38 of 2008. Section 21 of the Act outlines the conditions under which single fathers can obtain Parental Responsibilities and...
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