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Filter: Court
How valid is a marriage contract if not confirmed by court?

10 July 2020

I have been married to my husband for more than 20 years. We were both in our early twenties when... we were married according to customary rites as well as civilly out of community of property. Since then my husband has built up a few successful businesses and a few years ago we created our own post-nuptial agreement to confirm that we see ourselves as married in community of property. Unfortunately, we have fallen on troubled times and wish to get divorced. My husband says we are still married out of community of property as the agreement we signed late is invalid. Is this true?

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455
Article
Is the Small Claims Court a solution to get my money?

10 September 2018

I’m currently self-employed and do handyman jobs to put bread on the table. I recently did some repair work for... a client for just over R10,000, but the client has still not paid me and refuses to answers my calls. I can’t afford an attorney but have heard that I can go to the Small Claims Court myself. How does the Small Claims Court work?

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314
Article
Does prescription apply to crimes?

12 July 2018

Of late there has been quite a number of media reports locally and internationally of victims of rape or sexual... assault coming forward with claims of abuse often having occurred many years ago. I know that debts can prescribe, but was wondering if criminal charges can also prescribe?

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357
Article
Why the decisions of our courts establish our law

07 June 2018

A friend of mine is studying law and he once mentioned that our courts must always look at previous court... decisions when considering a matter and in this way our courts also create law. I find that quite strange as I always thought we had existing laws that our courts must only apply. Can our courts really also create law?

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369
Article

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