We at HFG Attorneys receive a lot of enquiries about the matrimonial property system, and if you are allowed to change it after marriage.
Let’s say, for example, that you are married in community of property and would like to change this to out of community of property due to financial reason. Are you allowed? It must be stressed that the High Court will neither grant you the order if you bring this application on illegal and fraudulent intentions, nor if…
Following, watching, and pursuing someone are only some of the examples of harassment in terms of the Protection from Harassment Act, 2011 (Act No 17 of 2011). Does legislation ensure that you have an effective remedy for protection? For this discussion, it is important to refer to the definition of harassment in terms of the act:
“Harassment” means directly or indirectly engaging in conduct that the respondent knows or ought to know—
causes harm or inspires the reasonable belief that harm may…
In light of the high crime rate in South Africa, we as South Africans are privileged to enjoy the constitutional right to protect ourselves and to own legal firearms within the parameters of legislation, case law and the Constitution. No cowboys allowed!
The most frequent question we receive at HFG Attorneys and Legally Armed Paarl is: “Where do I, as an ordinary citizen, start the process to obtain a firearm?”
The first step in the process is to start and complete…
Drunk nights, emotional abuse, physical abuse and adultery are only some of the factors that will push any spouse over the edge when assessing the future with their spouse. The divorce process can be a very scary challenge. This is why you need the right divorce attorney on your side to make sure justice prevails.
The first question that clients ask or confront us as attorneys specialising in family law with is: Where do I start and do I have grounds…
Outstanding accounts, deceptive debtors and labour issues are just some of the issues that business owners must daily manage. It is important to ensure that you implement internal procedures and processes to protect your business against civil litigation and the heavy burden of legal costs if your debtors fail to pay their outstanding accounts.
Where do you start? If you render goods and services to a client in terms of a monthly repayment written agreement, you need to act pre-emptive…
HFG Attorneys and Legally Armed Paarl joined forces during March 2018 to assist firearm owners with specialized advice regarding aspects in the Firearm Control Act 60 of 2000.
This team is part of a national franchise group of 25 branches in South Africa, with an excellent track record in that they successfully assisted more than 50 000 firearm owners since their establishment in 2004. This ensures that this team is your Firearm Control Act 60 of 2000 specialist. We assist clients…
In terms of a court judgement by a divorce and maintenance court, it is ordered that a monthly maintenance (or alimony) be paid to you by the other biological parent of the minor children. As a single parent, you struggle to meet your financial obligations, while your ex-husband or ‑wife live in the lap of luxury, drive expensive cars and go on overseas holidays without paying maintenance.
What are your rights and what can you do?
First step: Criminal complaint
You find yourself accused of committing a crime. The SAPS arrests you for the alleged offence. Your criminal law attorney brings a formal bail application in the Magistrate’s Court, but this is refused by the Magistrate. You are still in custody despite your innocence. Is this the end of the road?
Section 65(1) (a) of the Criminal Procedure Act, 1977 (Act No 51 of 1977) as amended, ensures you the right to appeal this refusal by the Magistrate’s Court of your…