Articles & Insights
High Court Strikes Down Outdated “Husband’s Domicile” Marriage Rule
In a landmark judgment delivered on 23 June 2026, the High Court of South Africa (Western Cape Division, Cape Town) has declared the long-standing common law rule of lex domicilii matrimonii unconstitutional and invalid. For decades, this rule dictated that the...
Understanding the Changes to the Conveyancing Fee Sliding Scale
The recent amendments to the conveyancing fee tariff have resulted in significant changes to the sliding scale used to calculate attorneys' professional fees for property transfers. The revised tariff aims to better reflect the increased responsibilities, compliance...
Buying or Selling Property While Overseas? Here’s What You Need to Know About Signing Your Transfer Documents
With more South Africans living, working and travelling abroad than ever before, it's common for buyers and sellers to find themselves outside the country when it's time to sign important property transfer documents. The good news? Being overseas doesn't have to delay...
Postnuptial Agreements in South Africa: Can You Change Your Marital Property System After Marriage?
The choice of a matrimonial property system is typically made before the wedding ceremony through the execution of an Antenuptial Contract (ANC). However, as circumstances change, whether through business ventures, inheritance, or a simple shift in financial planning,...
Personal Suretyships: The Invisible Chain
In the commercial landscape, the "corporate veil" is often seen as an impenetrable shield. Directors and shareholders generally operate under the comfort that a company is a separate legal entity, meaning they are not personally liable for the company's debts....
What Happens If a Judgment Is Granted Against Me?
In South African civil litigation, a judgment is a formal decision by a court (either the Magistrates’ Court or the High Court) resolving a dispute between parties. If a judgment is granted against you, it signifies that the court has legally validated the plaintiff's...
Why the “Quick One-Page Contract” Is Often an Expensive Mistake
In the world of business, speed is a virtue. Opportunities arise quickly, and the desire to "just get the deal done" is understandable. As attorneys, one of the most frequent requests we receive is: “We need a contract urgently. It doesn’t need to be complicated—just...
Property transfers and SARS
The South African Revenue Service (SARS) has recently introduced important directives that materially affect conveyancing practice, particularly in relation to income tax numbers. These changes, implemented from late 2025 and clarified in 2026 guidance, signal a clear...