Everything Law from Divorce , Criminal to Business by ChadslineLegal Inc

23/01/2025

23/01/2025

Do you know even you break up with your girlfriend or your boyfriend after he had paid lobotomy you are still married in community of property ?

23/01/2025

Are you deciding to get married ?Mshana nomatter what try to get married out of community of property .You will thank me later

20/12/2023

Be positive your leading business lawyers

28/10/2022

Received a number of queries pertaining to s37C of the Pension Funds Act. To sum it up succinctly, if you belong to a retirement fund as a condition of your employment, should you pass on anyone you regularly supported may be entitled to a portion. That includes side chicks, step children, and just about anyone you financially supported. You may support them from the grave. With or without your consent prior to death. Each case is assessed on it's own merits.

25/10/2022

Other than dating a girl from Mabopane, Mamelodi, Soshanguve, Nzhelele, Eastern Cape being number 1,

The other thing that will leave our people talking alone like this man from next door is the issue of Unregistered Customary Marriages which are not dissolved by a decree of divorce.

Whether lobola was paid in full or not is not relevant. People should also understand that these marriages are valid even if there was no actual handover of the bride nor celebration.

Even if the marriage was not registered, it is valid.

Let me tell you what is happening with this Chakalaka mess of a marriage aftermath.

Sipho sends his family to Kedibone's family to negotiate lobola and they pay something small towards lobola amount with an understanding that they will come back to pay the balance later.

In many instances the parties are already residing together or they move in together before or after lobola.

After some time or years the parties' relationship fails to wake up in the morning. The parties separate and sometimes even call the family meeting to agree on their separation like they use to do before you were born.

Later Sipho marries someone who is better than Kedibone or Kedibone marries someone.

After boma 100 years or so, Sipho or Kedibone dies and the previous spouse who can be Sipho or Kedibone appears from nowhere and claims that he or she was married to the deceased long before the deceased married the new spouse.

In many cases, you will find that it is indeed true that the deceased was once into an unregistered customary marriage which was never dissolved by divorce before they remarry.

The results may mean that the second marriage is invalid and that the first spouse is the rightful beneficiary.

It's a mess,

People chose to ignore these kind of conversations, ask your Spongebob if he has ever sent his family to negotiate lobola for another person or if your Sophia the First .

The Advocate

17/10/2022

Let's recap, you cannot just walk away from a customary marriage.

If you have paid lobola for another person, or if another person has paid lobola for you, then you must understand that after residing together, the only way to dissolve that relationship is by divorce issued out of a competent court.

People should understand that a Customary marriage is valid even if it was not registered.

A customary marriage is valid even if lobola was not paid in full.

A customary marriage is valid even if there was no celebration in terms of customary law.

Lastly, as controversial as it has been, a customary marriage is valid even if there was no actual handover of the bride to the groom's family.

I don't care what the academics are saying in theory, but our people should be told the truth.

The fact is that once people engage in lobola negotiations and payment, it is then presumed that a Customary marriage has been entered into.

So after the parties' separation, the families and the parties are treating separation as dissolution of the customary marriage, sometimes they hold meetings which used to be held in custom between the parties' families to dissolve the marriage and to write and sign letters declaring that the marriage has been dissolved.

The law, since the coming into effect of the Recognition of Customary Marriages Act states that all Customary Marriages can only be dissolved by a decree of divorce issued out of a competent court.

But we still find people being adviced that they can just walk away from a customary marriage simply because it was not registered.

Even some Regional Magistrate's court are refusing to hear divorce matters when an unregistered Customary marriage is brought before them. It's unjustified because to get Home Affairs to register a customary marriage needs a court order from the High Court or consent from the other spouse which consent will not be easy to get during divorce.

13/10/2022

Let's quickly do a revision of some of the things that you don't do if you don't want to find yourself talking alone like this man from next door.

1. Don't get married in community of property, especially if you have assets or if you know that you will accumulate assets or pension funds.

2. Don't get married out of community of property with accrual.

3.Don't pay lobola without a Prenup if your intention is to get married out of community of property hoping that you will do the Prenup after, what if you don't reach an agreement after payment of lobola.

4. Don't pay damages for the child if both you and your partner are not married and if your intention is to marry out of Community of Property because the elders may negotiate and pay lobola for you because they can see that you are too old to be unmarried and you are also finishing their food because you eat too much and it's time that you move out.

5. Don't marry someone who is already married, even if there were negotiations and agreements of lobola only between your partner and someone else, unless if you don't mind or if it will work in your favour.

6. Don't die without a Will, unless if you don't have assets.

7. Don't buy an immovable property and pay the seller money directly, rather use a Conveyancer.

8. Don't buy a house through a joint bond with your partner without a Cohabitation agreement which states who is liable to repay the monthly instalments and what will happen when you guys separate because vele basazokushiya, ng'yadlala.

9. Don't buy a house with any other person without an agreement stating who will be liable for repayments of bond if any and issues relating to selling of the property should one of you decide to sell.

The above are things that you don't do if you don't want to add problems in your life.

Please note that you can do all of the above if you want, nobody is stopping you, it's your choice.