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Marriage Contracts

There are different marriage regimes being (a) in community of property, (b) out of community of property with accrual, and (c) out of community of property without accrual.

The accrual method is based on the net value of a party’s estate which is calculated on death or divorce. The parties are entitled to provide for the exclusion of specified assets for the purposes of determining the accrual. The marriage contracts must be concluded and signed before a notary before the conclusion of the marriage.

The parties who intend to conduct their marriages through traditional celebrations are advised to conclude their marriage contract before the traditional celebration as customary marriages are recognized in our law and parties may be deemed to be married to each other after the traditional celebration and that would mean that they would be married in community of property to each other.

We assist clients with advising, drawing up and registering their marriage contracts with the relevant Deeds Registry Office.

Real Estate & Conveyancing

Any process of transferring an immovable property such as a house, farm or a flat is attended to by an admitted and duly enrolled conveyancer and is generally referred to as conveyancing. The process of registering a mortgage bond over a property or subdividing (cutting up) or consolidating (combining) a property is attended to by a conveyancer. These processes are registered in a Deeds Registry Office.

Unlike a movable property such as a motor vehicle, ownership of an immovable property is not obtained on signature of the offer to purchase or even on payment of the purchase price.

Ownership is only obtained on registration of the property in the Deeds Registry Office. An immovable property cannot be sold through a verbal agreement. The agreement must always be in writing and comply with certain requirements. Transfer of an immovable property can also occur through a court order or as part of the administration of a deceased estate or winding up of an insolvent estate.

Notarial Practice

The process of registering marriage contracts falls under the notarial practice. Other services in this regard include notarial Wills, notarial General Powers of attorney, authenticating documents for use in a foreign country, executing mining permits or licences, notarial deeds of servitude (agreement for the creation of servitudes between property owners), notarial of cession of exclusive use areas (title deeds for properties such as carports, parking bays and garages in a sectional title complex such as apartments, flats and townhouses) and notarial tie agreements to tie immovable properties together.

Insurance Law

The purpose of insurance is to create financial security during the unforeseen times in life. Insurance is a contract between the insured (client) and insurer (insurance company) that the insurance company will indemnify the insured in the event that insured risk occurs. This indemnity normally is subject to certain terms and conditions and this is what causes disputes between the insured and the insurance companies. We assist clients in this regard.

Dispute Resolution & Commercial Litigation

Dispute resolution is the process of resolving disputes between parties without the intervention of the courts. This may be through mediation or arbitration.

Commercial Litigation involves virtually every type of dispute that can arise in the business context between two or more entities or between a person and an entity or between two or more business persons.

We assist in providing clients with practical, creative legal advice that focuses on their strategic and commercial objectives. Our experience includes the full spectrum of dispute resolution and litigation mechanisms ranging from negotiation, mediation and conflict resolution.

We also assist various clients regarding matters which end up in court. We only services in commercial litigation, administrative and constitutional law related litigation, including vigorous courtroom strategy and multi-party lawsuits and related appellate proceedings.

Media, Sport & Entertainment

The development within media, entertainment and telecom is accelerating at full speed. We therefore offer assistance to a number of players in the media, sports and entertainment business about complicated cases within a wide range of legal areas.

These services include sponsorships, endorsements, broadcasting agreements, player contracts, ambush marketing, merchandising, commercial exploitation, the negotiating and drafting of sponsorship agreements, advertising, management and agency agreements, and the negotiating and drafting of agreements in respect of broadcast rights and event hosting of tournaments or events.

Real Estate
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