ANTENUPTIAL CONTRACTS AND ASSET PROTECTION IN LIGHT OF RECENT CASE LAW Antenuptial contracts (“ANCs”) remain one of the most powerful tools for structuring a marriage in South Africa. Yet, recent Constitutional Court and Supreme Court of Appeal judgments have shifted the ground beneath them. These rulings reveal that ANCs are not untouchable, they are subject […]

CAN UNMARRIED PARTNERS CLAIM INTERIM MAINTENANCE? A recent decision of the Western Cape High Court has provided much needed clarity on a long-debated uncertainty in South African family law: Can a financially dependent partner in a long-term, unmarried relationship claim interim maintenance? Following the judgement in P.A.L v R.J.T[1], the answer is increasingly leaning towards [...]

In October 2023, after judgment was handed down by the Gauteng High Court, Pretoria in Greyling v Minister of Home Affairs, we published an article on section 7(3) of the Divorce Act, 1979 (“the Act”). This article (which you can access here) deals with the expansion of redistribution claims in terms of section 7(3) of […]

Short-Term Rentals, Airbnb and Evictions: What Hosts Need to Know Short-term accommodation platforms such as Airbnb have become a permanent feature of the property market. However, disputes can arise when guests overstay or refuse to vacate. In these situations, understanding the legal distinction between tenants and guests is critical. Tenants vs Guests: A Crucial Legal […]

Applications for Security for Costs Under Rule 47 of the Uniform Rules of Court Security for costs is a procedural safeguard available to litigants under Rule 47 of the Uniform Rules of Court. It enables a party (typically a defendant or respondent) to request that the opposing party furnish financial security to cover potential adverse […]

SUPPORTING YOUR LOVED ONES: A GUIDE TO CURATORSHIP APPLICATIONS AND ALTERNATIVELY THE APPOINTMENT OF AN ADMINISTRATOR When a loved one begins to lose their ability to manage their own affairs, whether due to dementia, Alzheimer’s, mental illness, stroke, or injury, it can be one of the most emotionally taxing experiences a family faces. You may […]

Executing a Will in South Africa: Legal Requirements and Addressing Forgery Concerns In South Africa, executing a Will ensures that your wishes for the distribution of your estate are legally enforceable. However, in order for this to be the case, it is important that the Will is prepared in a legally correct manner. Preparation of […]

At Mandy Simpson Attorneys, we understand that divorce is not just a legal process, it’s a personal journey that can significantly impact your lifestyle, finances, relationships, and long-term plans. Divorces are generally classified as contested or uncontested, or, in some cases, hybrid. One of the first questions we help clients answer is which category their […]

Does ChatGPT have a place in disputes? AI-generated correspondence lacks the clear and persuasive language needed to resolve disputes, instead it mainly summarizes legal principles at the expense of properly engaging with the issues at hand. AI can assist with research and review when used responsibly and verified but it is no substitute for legal […]

SIMPLE UNDERSTANDING TO LEGAL COSTS IN SOUTH AFRICA Recovery of legal costs if I win my case? When engaging in litigation a most common concern are the costs, including whether I will recover my costs if I win. There is a common misperception that if I win my case, I can recover all my costs, […]