C&A Friedlander Attorneys

Your Estate and Minor Heirs

Life is unpredictable and while no one wants to be faced with the situation leaving behind minor children it is important to consider if there are any minor heirs involved when dealing with estate planning and considering your Will, this consideration may be for your own minor children or provision for future grandchildren, as the […]

Life Partnership and Inheritance

A summary of the legal position on permanent relationships and the rights of surviving partners following the landmark ‘Bwanya ruling’ – Andi Hoole The 2022 census revealed that there are around 4.7 million unmarried but cohabiting South Africans. A permanent life partnership, which is often referred to as a domestic partnership, is a relationship between […]

The accrual system – to exclude or not to exclude? That is the question.

Whilst marriage in community of property is the default matrimonial property regime in South Africa, parties are able to contract out of this regime by way of an ante-nuptial contract (“ANC”). Where marriage in community of property entails that all the assets and liabilities of both parties fall into the joint estate and are held […]

Step-by-step guide: Unopposed divorce process

Getting divorced can be overwhelming. From a cost and expediency point of view, it is generally advantageous for the parties to settle the divorce amicably if at all possible. Before doing so, it is advisable for the parties to consult a legal practitioner to obtain advice. For example, parties need to understand which court has […]

Authentication of documents by a Notary Public and DIRCO for use overseas

Not many people understand what a Notary Public does, until they need one. When you need to use documents signed or prepared in South Africa overseas, you will generally require a Notary to authenticate them. The Hague Convention of 1961 details how documents issued in a member state can be authenticated (or certified) for use […]

How do we make co-parenting easier during divorce? Parenting Plans or Peace Treaties?

This is for the parents having a difficult time sharing their children. Since parenting mostly consists of telling your children “how many more minutes” they have left of any particular activity, you would think that time-management would be second nature to you by now. Unfortunately, just like the rest of parenting – it’s just not […]