Masipa Attorneys

Are you considering a divorce or currently going through a divorce?? Let us assist you through the process!!

Contact us now on WhatsApp 0725443089 or call 0123212707 to arrange for a consultation.

http://masipaattorneys.co.za/

BREAKING NEWS!!

Judge Masipa has sentenced Oscar Pistorius to Six (6) years imprisonment.

"Punishment is not what you chose to do, it ought to be painful. She further stated that long-term imprisonment will not serve justice."

NO SENTENCE WILL PLEASE EVERYONE AND WILL NOT BRING THE DECEASED BACK!!

THE COHABITATION MYTHS

In South Africa there is a myth that, if you are not married, but living with (cohabiting) your partner for a certain amount of time, it translates into a “common law marriage” by default.
The truth is:cohabitation or living together is not recognised as a de facto marital relationship, of any kind, in terms of South African law. This presents a problem because people often believe that they are afforded a certain legal rights simply because of their living arrangements. In many instances, in the event that the unforeseeable happens to one partner (illness or even death) or you break up (the relationship is terminated), you do not have the legal protection in place you may expect. For that reason, couples need to know their rights and how to protect it.

WHAT HAPPENS IN THE CASE OF A BREAK-UP?

Unlike a marriage, where spouses are entitled either to a half share of the joint estate or a share in the accrual, when a cohabitation relationship ends, all the parties’ assets will be divided in accordance with “who owns what” and no maintenance is payable to either party. So, it is crucial to ensure you can prove ownership. This can become problematic when, for example, the immovable property is registered in one partner’s name only. The partner who does not have ownership of the property may be under the impression he or she eventually has the right to a part of the profit or value of the property. It is very important to note that this is not the case and it could leave that person concerned, severely prejudiced. The only option such a person has, is to attempt to prove a universal partnership in court. This has proven to be very challenging.

SO, WHAT IS THE SOLUTION? (Cohabitation Agreement)

Life partners or partners living together, can enter into a contract. This is, in many ways, very similar to an antenuptial contract. This agreement is commonly referred to as a cohabitation agreement. It
will contain regulations regarding finances during the existence of the cohabitation relationship and deal with the division of assets upon termination of the relationship. In addition, it also deals with other arrangements the parties may wish to include, provided its inclusion is not against public morals and good faith. Parties may even include a provision for the payment of maintenance. This agreement will shed light on the expectations that each partner may have with regard to his/her financial contribution to their joint household and assets (acquired individually or jointly), and provides an opportunity to iron out issues that may otherwise arise in future. It also provides legal security, because if one partner defaults on the terms of the agreement, the other partner can approach a court for assistance and an appropriate order in terms of the agreement.

CONCLUSION

Cohabitants who fail to draw up a cohabitation agreement, or a proper will for that matter, will have no automatic legal protection in terms of South African law, unless they can prove the existence of a universal partnership. We advise that parties avoid the risks, costs and potential trauma by entering into a cohabitation agreement. In addition, to have a will drafted professionally in order to ensure that your partner inherits from you. Speak to us today for sound advice or to assist you in setting up the most suitable cohabitation agreement and wills for you and your partner.

WHEN CAN AN UNMARRIED FATHER OBTAIN PARENTAL RIGHTS AND RESPONSIBILITIES TOWARDS HIS CHILD?

* if he was living with the child’s mother at the time of the child’s birth; or if he, regardless of whether he has or is living with the mother of the child –

*consents or applies to be identified as the child’s father, or pays damages in terms of customary law;

*contributes or has attempted in good faith to contribute to the child’s upbringing for a reasonable period; and

*contributes or has attempted in good faith to contribute towards expenses in connection with the maintenance of the child for a reasonable period.

From the above, it is clear that unmarried fathers who fulfil the requirement of section 21(1) of the Act have full parental responsibilities and rights regarding their children. This means that both the child’s parents must play an active role in the child’s life. If one of the parents tries to limit the other parent from exercising his or her parental responsibilities and rights; that parent is acting contrary to the Act. he Act does not stipulate with whom the child must live, the amount of contact, or how the parents should exercise their respective parental responsibilities and rights with regard to the child. What is expected is for the parents to exercise their parental responsibilities and rights in line with what is in the child’s best interests. Obviously, if they cannot agree on what is best for the child, then one of the parties may be forced to take the matter to court. However, before going to court, the parents must first try to agree on a parenting plan.

Contact us on 0791898359 should you require assistance with applying for care, contact and guardianship of minor children.

IGNORANCE OF THE LAW IS A CHOICE.

CAN YOU BE ARRESTED ON THE ROADSIDE FOR AN UNPAID TRAFFIC FINE?

There has been many reports and stories about people being arrested at roadblocks for unpaid traffic fines, however the police may only arrest you if:

* They have the original warrant for your arrest, a copy will not suffice.

* They have to prove that you received the summons in person. It either had to be delivered to you in person or via registered post.

Should you find yourself in this position, on the verge of being arrested for an unpaid traffic fine, immediately demand to see the above mentioned documents.

If the police do not have the necessary documentation, the arrest will be illegal and amount to unlawful arrest. You may be entitled to lodge a claim against the minister of police for unlawful arrest, it would be wise to consult with your attorneys in this regard.

Although you might think that it is unlikely that you could ever be arrested, you cannot entirely rule out the possibility that a simple mistake or misunderstanding could bring you in conflict with the law. Just in case this happens you need to know what your rights are.

WHAT ARE YOUR RIGHTS WHEN BEING ARRESTED?

You have the right to be informed of the charges on which you are arrested. Most importantly you have the right to remain silent and to be informed promptly of such right and the consequences of not remaining silent. Any information uttered or willingly given to an officer may be used against you in court. Once arrested you are required to tell the police your home address and nothing else to avoid incriminating yourself. You may request for an attorney as soon as you are you are arrested and the police are not allowed to question you until your attorney arrives.

A person further has a right to be brought before court as soon as reasonably possible, but not later than 48 hours after arrest. If the 48 hours expires outside ordinary court hours or on a day which is not an ordinary court day, the accused must be brought before court not later than the end of the first following court day.

TYPES OF BAIL

* For minor offences police bail may be granted or you may be released on warning. For police bail the investigating officer will propose an amount for bail, after payment of this amount, you may be released from custody.

* Prosecutor bail which is also granted at the police station by a state prosecutor. This involves offences which are more serious and that the police are not permitted to grant bail.

* Court bail is when you appear before a court of law either at the first opportunity or for more serious offences at a date and time set by the court after first appearance where a formal bail affidavit will need to be presented to the court seeking for the accused to be released on bail.

The best way to deal with any trouble with the law or the police is to consult with your attorneys as soon as possible and to exercise your right to remain silent.

Contact us on 0621346853 should you require assistance with bail applications.