Cathleen Breedt

In this article, Cathleen Breedt looks at Cooling Off Periods – what are they, and how can they be of benefit to you?

Mediation is a voluntary process. This means nobody can force you or your opposing party to participate in the process, nor can anybody force either of you to settle in a mediation session.
It is thus very important that all parties to the mediation are committed to the process. Whilst it is true that a wide variety of issues can be resolved by mediation, there are some matters which are not capable of settlement through mediation.

When it comes to family law disputes, lawyers are usually viewed as the harbingers of conflict, discord, and never-ending costs. In some circles, the perception (sadly) exists that lawyers and divorce mediators are diametrically opposed.
Here are three reasons why you should consider appointing a lawyer as your divorce mediator:

Shelly is a second-year cinematography student at a well-known tertiary education institution. At the end of her first year, she requested from the finance department a quotation for her second year of studies. This was presented to her on a document named a tax invoice. The quotation was accepted in that Shelly duly enrolled for her second year by making payment of the deposit requested. In April of her second year, Shelly requested an updated statement from the finance department of the college and was presented with a further “tax invoice”. On this second tax invoice however, Shelly noticed that the amounts previously indicated as the price per module, had suddenly increased! She naturally was very upset about this as she is working part time to pay for her studies and thus requested legal advice in this regard. Does Shelly have any recourse?

Do I have a right to death benefits I was nominated for, and when does it vest?

Lara has approached us with a predicament she finds herself in. Her husband Ben has died and there is a death benefit policy by ABC Insurance to which he was subscribed. The nominated beneficiary of the death benefit was Ben’s father. This matter is complicated because Ben’s father had died some two years before Ben had died. The estate of Ben’s father was at the time of Ben’s death, not wrapped up and now the executor for the estate of Ben’s father, has laid claim to the death benefits to be paid into the estate. Lara feels that the benefits should accrue to her as she was his wife. Does the fact that, she was for the most part financially dependent on Ben and was his wife, not mean that his assets should automatically be hers?

Right to death benefits: Lara has approached us with a predicament. Her husband Ben has died and there is a death benefit policy by ABC Insurance to which he was subscribed. The nominated beneficiary of the death benefits was Ben’s father. This matter is complicated because Ben’s father had actually passed away some two years before Ben had passed away. The estate of Ben’s father was at the time of Ben’s death not wrapped up and now the executor for the estate of Ben’s father has laid claim to the death benefits to be paid into the estate. Lara feels that the benefits should accrue to her, she was his wife after all? Does the fact that she was for the most part financially dependent on Ben and was his wife not mean that his assets should automatically be hers?

The Protection of Personal Information Act, 4 of 2013 (POPI) which came into effect on 1 July 2020 seemed like the answer to many South African citizens’ prayers.

You do not have to go all the way to Australia to get divorced if you comply with our laws in SA. In SA, we need to look at some factors to determine whether you will be able to get divorced here. These will be discussed fully

Toxicity in the workplace – are you experiencing this?
A toxic or hostile work environment is not simply left at the door but may seep into every aspect of your life and influence not only your mental health and stability but may and most likely will cause problems with your physical health and even your relationships outside of work.
Section 10 of the South African Bill of Rights as contained in the Constitution of the Republic of South Africa states: 
“Everyone has inherent dignity and the right to have their dignity respected and protected” 

The infringement of ones right to dignity and respect can take various forms including harassment, bullying and passive-aggressive behaviour. 

If you have been forced to make arrangements with your clients and have them pay off an account instead of settling it once off, get an acknowledgement of debt. This serves as a contract and will have all the payment terms in. Interest rates, payment amount, pay date, banking details, terms for when they default, etc.