Understanding Deferred and Option Shares in South Africa Divorce Proceedings

Mart Rand24 Sep, 2024Legal

Determining the value of deferred and option shares can be complex, often requiring the expertise of financial professionals familiar with valuation methods specific to unvested equity incentives. Expert testimony is crucial in providing accurate assessments that inform equitable distribution. The testimony of experts will ensure that shares are properly and correctly valued. This will play a crucial role in divorce proceedings as it will ensure that the accrual system will fairly be applied. It is important that precedents from previous cases be used as guidelines when determining the division of shared during divorce proceedings.

Challenge To Antenuptial Contracts in Customary Marriages

Mart Rand24 Sep, 2024Legal

The Court agreed that the financially weaker spouse in a monogamous customary marriage could be prejudiced against, since those in pure civil marriages could not see their marriage affected without judicial intervention, and the weaker financially spouse was generally the woman. This meant that prejudice did exist on the basis of sex and to a degree of race, both of which are listed grounds of discrimination in the Constitution. The Court further held that the discrimination was also unfair.

How to Register a Foreign Divorce at Home Affairs

Mart Rand09 Nov, 2022Legal

The only method to change the marital status on the National Population Register is to accomplish this task. Furthermore, because a foreign divorce was issued in a foreign country rather than in South Africa, the divorce isn?t the same as an international divorce granted in South Africa. It?s a relatively simple process to file a foreign divorce at Home Affairs for the first time. Here are a few things to bear in mind if you wish to get through the procedure smoothly.

Divorce Process

Mart Rand10 Aug, 2022Business

You can get a Divorce in South Africa based on the irretrievable breakdown of the marriage relationship. This means that the Court must be satisfied that the marriage relationship cannot be saved. The Court may accept evidence (without limitation) that a marriage relationship has broken down irretrievably if the Spouses have not lived together for a period of 12 months, or if one of the Spouses has cheated on the other and the other Spouse finds it irreconcilable to continue with the marriage relationship. The Court may also grant a decree of Divorce if a Spouse has been declared a habitual criminal and is undergoing a prison sentence or is mentally ill or continuously unconscious.

How to obtain a Protection Order (Explained)

Mart Rand29 Jul, 2022Other

Domestic Violence in South Africa is regulated by the Domestic Violence act 118 of 1998 Domestic Violence or Domestic Abuse takes on various forms and the act of domestic violence may be committed in a variety of domestic relationships. The forms of Domestic Violence may include physical abuse, sexual abuse, emotional, verbal and psychological abuse, intimidation, harassment, stalking, damage to property, entry into the complainant?s house without consent, where the parties do not share the same residence, or any other controlling of abusive behaviour towards the complainant.

Parental Rights and Responsibilities, and Guardianship

Mart Rand29 Jul, 2022Legal

It is commonly known that Parents must take care and make important decisions on behalf of their child or children. Parental rights and responsibilities include the care of a child, contact with the child, guardianship and maintenance of the child. South African law recognises this, which imposes certain parental rights and responsibilities upon the parents and guardians. Many South Africans often misunderstand guardianship. The term guardianship is focused on making important decisions on behalf of the child, such as administering and safeguarding the child?s property and even giving or refusing consent to some issues involving the child. Have you ever wondered what rights and responsibilities you may have as a Parent or Guardian? We are often excited about the arrival of a child, but have you stopped and considered what it actually means in terms of our law to be a parent or a guardian?

The Competition Commission

Mart Rand23 Jul, 2022Legal

A sale of shares also does not necessitate a transfer of employees, as the employees will simply continue with their employment with the buying company. Since inception of the Companies Act in 2011, and the introduction into South Africa of the statutory merger provisions, the market has seen a slow increase in the number of transactions making use of this statutory procedure. A merger provides for one entity to merge into another or for two or more entities to amalgamate into a new separate entity.

The Requirements for a Valid Customary Marriage

Mart Rand16 Jul, 2022Legal

Parties to a Civil Marriage may not enter into a Customary Marriage with another person as such a marriage will be void. When Spouses who are married in terms of Customary Law convert their marriage into a Civil Marriage they will automatically be married in community of property. However, they can sign an Antenuptial Contract to regulate their marriage regime post the civil marriage.

Free Divorce Lawyers In South Africa

Mart Rand17 Jun, 2022Legal

Martin practised law as an Advocate of the High Court during his first three years of private legal practice. We represent clients from all over the world; and have also been actively involved in many matters related to International Divorce matters. Similarly, we have acted for many clients that refer to contact and primary care issues where the parents live in different countries. What makes us different? And why you should choose Martin Vermaak to handle your divorce or family law matter?

Inappropriate Friendships When Married

Mart Rand04 Jun, 2022Legal

Consider this as a potential red flag if your partner becomes agitated if you happen to glance at their phone or becomes angry or defensive when you make jokes about their closeness to another person. In some cases, a partner may even trivialize the friendship and pretend to care little for the other person. While everyone has the right to privacy, partners should avoid keeping secrets about their friendships from one another. 2. More Time Spent With A Friend When your partner already works all day with a friend and eventually spends time having dinner or drinks and coming home late, it?s a dead giveaway of an inappropriate friendship. In such cases, your spouse appears to be spending more time with their friend. It?s a cause for concern when someone else becomes the top priority, and you?re only second.

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