We understand the subject of wills and administration of deceased estates can be a sensitive subject for most us, but our caring and understanding attorneys will handle your matter with care and guide you in the drafting of your will that ensures the best measures are implemented to protect your assets and secures the future of your family members and beneficiaries of your estate.
We believe it is in the best interest of well ran companies to consider appointing a suitably qualified company secretary who will ensure that the company fulfils its statutory requirements and meet the demanding standards of corporate governance as required by the Companies Act 71 of 2008. Our team of company law experts will provide you with comprehensive company secretarial advisory services that meet a vast array of your company needs. These services include:
- Update and advice your company on the new relevant laws and regulations,
- Registration of your company,
- Attend to company changes i.e names of directors and addresses,
- Drafting and Registration of Memorandums of Incorporation,
- Maintaining and retaining statutory records,
- Filling of annual returns,
- Obtaining copies of company documents, and
- SARS income tax registration and BBBEE certificates for newly registered companies.
Contact us for expert advise in commercial, corporate and contractual dealings, from the initiation and registration of a company, to interpretation and implementation of necessary corporate documents like shareholders agreements, Memorandums of Incorporation, to the termination of business relationships including sales of shares and sales of businesses as going concerns.
We also provide advice on legislative compliance as well as options and methodologies pertaining to different commercial transactions and how they relate to different commercial vehicles in South Africa.
At Sekgala and Njau Attorneys we understand and appreciate the sensitivity attached to family matters and in particular the emotional aspects of divorce proceedings. Unlike any other area of law, we know divorces are more than just paper work – it’s about people.
With this mind, our team will handle your divorce case with the necessary care and expertise so as to ensure that the process is less fraught with anxiety and stress especially when minor children are involved.
There are mainly two types of divorces, contested (opposed divorce) and uncontested (unopposed divorce). The uncontested divorce is the most effective option with minimal impact on the parties. When divorce proceedings are contested instead of being finalised in less than a few months, they can take up to 3 years.
Our advice on divorce and family law matters includes aspects such as: division of assets, parental plans, child contact (also known as custody), domestic violence, protection orders and maintenance court applications.
Congratulations for taking the bold and rewarding step of getting married. Now let our attorneys help you choose the right type of marriage contract that is suitable for you and your partner as you focus on your wedding day!
You and your partner have three options of managing your matrimonial properties after your marriage:
- In community of property;
- Out of community of property without accrual; and
- Out of community of property with accrual.
In community of property
We call this the default option, as it occurs when you are married without concluding any marriage or ante nuptial contact. The married couple will have one joint estate made up of equal shares (50%) each. The joint estate will be made up of assets and liabilities before and after your wedding date. This option however does come with contractual limitations – as you will need consent from each other to e.g acquire a mortgage bond, secure credit/loan, sue a third party for whatever case might be or enter into any legal dispute.
Consequence at the dissolution (by death or divorce) – you will each have 50% claim against the joint estate.
Out of community of property without accrual (First option with an ANC)
Should you and your partner opt for this option, you will have two separate / individual estates. The estates are made up of your individual assets and liabilities as acquired before and after your marriage. You each have full legal contractual capacity to deal and do as you please in as far as your assets and liabilities are concerned – no consent required. You will not be liable for each others liabilities/debts, in other words each party carries their own debts. If a sequestration order is to be made against a party’s estate – it is that party’s estate that is affected and not the other’s. You can sue and litigate against third parties in the absence of the other spouse’s consent. At the dissolution of the marriage (death or divorce) no one has a claim against the other estate.
Consequence: because of the lack of sharing, this option can disadvantage the spouse with less income at the dissolution of the marriage.
Out of community of property with accrual (Second Option with an ANC)
This option gives you the best of both worlds, in that it carries some aspects of: in community of property and out of community of property without accrual. You will still have two separate estates. But at the dissolution (by death or divorce) a determination will be made at how much your two separate estates have grown during the course of the marriage and the spouse with the lesser/smaller estate will have a claim against the spouse with a bigger estate for an amount that will equal half the difference.
Contact us and we will be more than happy to provide you with advise as well as contract that fits you and your partner’s goals as you step into your marriage.