DTS Attorneys – Law Firm in Port Elizabeth

Siblings Feuding Over a Business: Can You Get a Domestic Violence Protection Order?

An order in terms of the Domestic Violence Act is a quick, simple and powerful protection for victims of domestic abuse of all kinds.

But is it available to victims who are not only in a domestic relationship with their abuser, but also in a business or commercial relationship with them? It’s an important question, with many South African businesses owned and run by close family members. When disputes arise, they can be particularly bitter, as witnessed by a recent High Court dispute involving siblings, with allegations of sexual, verbal and psychological abuse, threats of murder, and stalking via drone surveillance.

A Valentine’s Day thought for life partners: What is a “Universal Partnership”

“Marriage is the chief cause of divorce” (Groucho Marx) This Valentine’s Day, think about the legal aspects of your romantic relationship. They’re a lot less exciting than the traditional declarations of love backed up by chocolates and flowers, but they’re just as important in ensuring a strong, committed life partnership in which both of you […]

Dementia: Understanding your legal options

Dementia is a widespread medical condition that affects people of all ages but particularly the elderly, and includes conditions like Alzheimer’s. One of the most significant challenges of dementia is the loss of mental capacity, making it difficult for individuals to make crucial decisions, including those related to their legal affairs, finances and care. This […]

Maintenance claims and life partners

More and more couples are opting to live together as permanent life partners rather than enter into a formal marriage. The risk for such couples is that whilst our law is steadily (if slowly and cautiously) extending many of the protections of formal marriage to unmarried life partners, that process is not by any means […]

Why Life Partners Still Need Cohabitation Agreements and Wills

“Census data of 2016 reveals that approximately 3.2 million South Africans cohabit outside of marriage and that this number is increasing steadily.” (Extract from judgment below) What happens if your life partner dies without leaving you anything in their will (“Last Will and Testament”)? Do you have the same protections as married spouses do? A […]

Unmarried parents: A New ‘Notice of Birth’ Ruling for Fathers, With 3 Surname Choices

“Whilst the Act no longer uses the term “illegitimate child” this is implied by the reference to so-called children “born out of wedlock” which continues to perpetuate the common law distinction between so-called “legitimate” and “illegitimate” children. This reference is a stark reminder that we, as a nation, are still grappling with outmoded legal terminology […]

Who Gets the House on Divorce?

Historically 44% of South African marriages have ended in divorce, and there has reportedly been a 20% surge in new divorce applications since lockdown. For those unfortunate couples whose marriages do eventually fall apart, often the most important asset in play from both a financial and an emotional perspective is the family home. So it […]

Domestic Violence and the Lockdown: Your Personalised Safety Plan

There is great concern that the COVID-19 crisis, particularly the mandatory “stay at home” lockdown phase, will see both an increase in the levels of domestic violence, and a decrease in the ability of victims to access help. It’s a worldwide concern and as the World Health Organisation puts it: “Stress, the disruption of social […]

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