C&A Friedlander Attorneys

Postnuptial Contracts – married in but want to be married out?

Marriage is a bond that unites two individuals in love and commitment. During the marriage, however, it is essential to acknowledge the unpredictable nature of life and consider legal measures that can provide security in the event of death or divorce. Under South African law, parties will be deemed to be married in community of […]

Getting married abroad, here’s what you need to know

If you are planning to get married abroad – congratulations – but have you considered which laws will govern your intended union? The lex domicilii matrimonii – domicile of the husband In South Africa, the property rights of spouses are governed by the lex domicilii matrimonii or the law of the matrimonial domicile, which is […]

Understanding notarial tie agreements

A Notarial Tie Agreement is a notarial deed entered into by two or more parties, in terms of which a condition is registered against the title deeds of the relevant properties, which condition provides that the properties cannot be “separately sold, leased, alienated or otherwise disposed of”. This means that the properties will be treated […]

Notarial Practice – Seal the deal (literally) and make it official

You’ve finally asked your partner to marry you and the answer was “YES!” but have you done your research on the matrimonial property regimes in South Africa? There are three matrimonial regimes in South Africa which are governed by the Matrimonial Property Act 88 of 1984, namely: Marriage in community of property The “default” and […]

Notarial Practice in a nutshell

What is a Notary Public? A Notary Public, commonly referred to as a Notary, is an attorney admitted and authorised by the High Court of South Africa after having written a specialised examination for notarial practice. As a result, a Notary holds the statutory and common law powers to prepare and attest certain legalized documents, […]

What is a Notary Public?

You may have often required the services of a Notary Public without understanding the role of the Notary.  The origin of the notarial office began before the Roman period. As far back as 1000BC, Notaries were seen by the Hebrews as scribes, connected to the law. A Notary is revered as showing the highest level […]

Ensure your documents are legally authenticated for use abroad

In order to use documents in a foreign country, your documents need to be legally authenticated. “Authentication”, as defined by the High Court Act, is the verification of the signature on the document. A Notary Public has the power to authenticate documents for use in a foreign country. The process of authentication is dependent on […]

Can you share a borehole? Discover your praedial servitude rights

A praedial servitude is a limited right, which the owner of a property (“dominant property”) has over another property (“servient property”). The creation of the servitude entitles the owner of the dominant property to certain rights over the servient property. These rights are however subject to the principles of reasonableness. The servitude is registered as […]

The need for a notary public?

A Notary Public is a practicing attorney with an additional qualification and admitted by the High Court.  The Notary Public has additional powers to be able to execute, attest to and certify specialised documents. A Notary Public has the highest level of trust and ethics in the legal profession. The additional legal powers granted to […]