At what age can a child or teenager decide which parent to live with in South Africa? Can a child decide which parent gets custody over them? These are common questions which also depend on the Father and Mother's circumstances. When a divorce between two parents is inevitable, the couple and/or the court must come to an agreement. As to which parent will be the parent of primary residence of the minor children. In most cases the circumstances can be settled between the two parents. But what say do the children have in the decision? Questions regarding if a child or teenager can decide which parent to live with The important questions that need to be answered regarding the custody of children include: How much maintenance should one/each parent pay? Will care of the child be awarded to one parent (sole care)? Will care of the child be awarded to… Read More

If you need a lawyer but have no money there are ways to get free legal advice. In South Africa you can find yourself in a position where you need a lawyer but can't afford one. So what do you do? Lawyers people look for when they can't afford one: Divorce lawyers Child Custody Lawyers Debt Review Lawyers Road Accident Lawyers Human Rights Lawyers Criminal Defense Lawyer Government Lawyers Corporate Lawyers If you find yourself in a position where you need legal representation and you cannot afford it, there are a few routes you can take. This may also interest you: Free Legal Advice in South Africa Legal Aid and Free Law Advice Online The public’s perception of the law and legal industry is not positive but have the public ever considered legal aid and free law advice online? Many people's contact with lawyers to date has been brief but… Read More

Confidentiality and non-disclosure agreements are legal contracts between two or more parties that details information, data or other material that the parties within the agreement want to share with each other for a number of reasons but that they do not want to go beyond the parties involved. This sort of agreement restricts the access of anyone else to the information and ensures that the parties involved do not share the information within anyone beyond the parties involved in the agreement. There are several different types of confidentiality agreements and non-disclosure agreements with different uses.   What is a confidentiality agreement? A confidentiality agreement is also known as a non-disclosure agreement, a confidential disclosure agreement, a proprietary information agreement or secrecy agreement. The agreement is legal in nature and creates a confidential relationship between the parties. This is usually used for business purposes and often protects trade secrets and other… Read More

There are several different types of marriage in existence today. Before you tie the knot, you should take the time to research what the different types are so that you and your partner can make the right choice about your union. According to the Marriage Act of 1961, there are three different types of legal marriage. In Community of Property This form of marriage means that all assets owned by the couple form a join estate and both parties are liable for any debt incurred by either party during the marriage. Sometimes it is possible to exclude certain assets from the joint estate, but this is very limited. Out of Community of Property In this form of marriage, parties sign an ante-nuptial agreement which means that each party retains sole ownership of his or her own assets, and sole responsibility for his or her own debts. Out of Community of… Read More

Adopting a child anywhere is a gift to both child and parents, but child adoption in South Africa is especially beautiful when there are so many orphaned children badly in need of love and support. South Africa is a developing nation with much growth still to do. There is massive unemployment and poverty and our informal settlements are teeming with poor, uneducated and ill people who cannot afford to feed themselves, let alone any children that should come along. Because of the high level of HIV/AIDs in the country, thousands of children are orphaned when their parents die from AIDs related diseases like Tuberculosis. According to social development minister Zola Skweyiya, there are approximately one and a half million orphaned children in South Africa. This number increases every day as children are abandoned, given up or left behind when their parents die. With overcrowding at orphanages and the social development… Read More

Legal name changes refer to the legal act of allowing a person to adopt a new name. By changing the name their received at birth or through marriage or adoption. Name changes can be a result of personal choice, to conceal a person’s identity, or for other ideological or social reasons. Anyone South African can apply to have their name changed at the Department of Home Affairs. The Identification Act, 1997 (Act No. 68 of 1997) along with the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992) allow for the amendment or rectification of personal information. This means that legal name changes can be made by individuals listed in the National Population Register of South Africa (NPR). The NPR holds the personal information of South African permanent residence holders and South African citizens, such as information regarding marriages, births, and deaths. There are a number of amendments… Read More

With the high costs of legal fees, some people have no choice but to turn to Legal Aid services, is this a good or bad idea? When it comes to the law, there is no messing around. Legal aid can cover: Maintenance Family Divorce Children and child justice Domestic Criminal offences Community Equality But many people lack the education to defend and know their rights. Hiring a lawyer is expensive. So legal aid clinics make it much easier for people in South Africa to gain access to legal representation. This may also interest you: When you Need a Lawyer but have no Money What is legal aid in South Africa? Legal aid services are when people who cannot afford legal representation are provided with free legal assistance. Legal aid is an important way for a country to ensure equality before the law, the right to a fair trial, and the… Read More

If you find yourself in need of a lawyer and are wondering when can and can’t you apply for legal aid then hopefully this article will answer your question. Firstly it is important to note that Legal Aid services are broken down in to the following: Criminal matters Civil matters Firstly, criminal matters pertain to people that are accused of breaking one of the following: Statute Law: Statue laws are written laws as agreed upon by the government of South Africa. These laws include Acts that are passed by Parliament such as the Sexual Offences Act or The Constitution of South Africa. Common Law: Common laws are not set by Parliament or any level of government for that matter. Instead these laws are determined by the judges in the Courts and therefore are based on a decision made by a judge on a certain case. Common laws include rape, murder,… Read More

If you are a landlord/ lady to “the tenant from hell”, read on, as you will need to know the legal steps you can take to evict this person. Chances are this tenant is going to put up a fight before he leaves your property, and it is important that you follow legal procedure in getting him out. There are three grounds on which landlord/ladies can legally evict a tenant: Non payment Lapse of time Nuisance Usually in a lease, there is a specified payment date as well as a grace period. If the rent is due on the first, and the grace period is 7 days, then the tenant is only entitled to take legal action against non-payment on the 8th, once the grace period has come and gone, and still no payment has been made. For a lapse of time eviction, which is normally done in month-to-month leases,… Read More

If you are accused of being in breach of contract – you will need this advice and information to understand your options and the best way to approach the conflict. “Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance.” (www.wikipedia.com) A breach of contract can occur in many situations – common breach of contract occurrences are in employment conflicts, marriages, sale of property or goods, and in the provision of services.   Various types of breach of contract occur: Minor breach Material broach Fundamental breach Anticipatory breach   In a minor breach, the aggrieved party would not be allowed to sue for specific performances, only for actual damages. A material breach, however, is a failure to perform that permits the… Read More