Family Law – The Matter Of Interim Relief

Family Law on the matter of interim relief for the spouse during a divorce

Divorce and the variation in divorce orders form part of family law in South Africa. Family law is an area of law that covers the relationships between family members. The relationship can be spouse to spouse, parent to child, sibling to sibling, grandparent to child, etc. Divorce, however, is a specialised area of family law and, because it affects every family member, it is often a traumatic experience.

RAF Claim Basics

The basics of an RAF claim

We assist you with the RAF claim process, helping to ensure the successful pay-out of your claim for compensation. To help you get started, we briefly explain the purpose of the Road Accident Fund and the claim process.

Road Accident Fund (RAF) versus the Road Accident Benefit Scheme (RABS)

Road Accident Fund Act (RAF)

The Road Accident Fund Act (RAF) No 56 of 1996 still governs accidents that occurred between 1 May 1997 and 31 July 2008 and Amendment Act 19 of 2005 governs accidents that occurred on or after 1 August 2008 to the present day.

The Road Accident Fund (RAF) created by legislation is a juristic person funded by a fuel levy, which indemnifies the wrongdoer. A claimant must prove that the wrongdoer was negligent and that negligence was a cause of the accident that resulted in injuries or death. The benefits under the Amendment Act 19 of 2005 is that one may claim for past and future medical expenses, past and future loss of earning capacity, past and future loss of support and general damages for serious injuries. The object RAF is compensation for loss or damage caused by a motor vehicle accident.

Medical Negligence Lawyers

When is it Time to Speak to a Medical Negligence Lawyer in South Africa?

As a medical negligence lawyer will explain, medical negligence is when the practitioner or institution responsible for care of the patient does not exercise care at a level that a reasonably prudent party would have done in a similar situation. If the negligence results in injury and damages to the patient, it is medical negligence or malpractice.

Simpsons Attorney Services – Transfer Of Property

Get Professional Assistance with the Transfer of Property in South Africa

Conveyancing is one of the attorney services we offer in South Africa and is certainly one of the attorney services you will need if you sell your home or buy a home. There are numerous pitfalls to avoid in the selling or buying of a home. Mistakes during the process can affect the speed of conveyancing.

The conveyancing attorney services become relevant once the offer-to-purchase agreement has been signed by the seller and the buyer. It becomes a valid property sale agreement upon signage and the process of transferring the property into the name of the buyer commences.

If the buyer makes use of a home loan, a bond must be registered against the property. If the seller still owes money on their bond, the bond must be cancelled as part of the conveyancing process. You will need to make uses of an attorney offering conveyancing services for the transfer process. The seller’s bond is cancelled at the Deeds Office at the same time that the property transfer is done.

One of the mistakes sellers make is to stop paying the bond on the property once the sale agreement has been made. This can cause the bank to foreclose on the property or cause a delay in the transfer process. The bank will refund the seller for any extra money paid during the period in which transfer was done. As such, the seller does not have to fear losing money in the process. Another mistake is not to keep the tax and rates payments up to date. Any outstanding municipal fees can cause a delay in property transfer. A further mistake is that of trying to sell the house and have the transfer done without having all required documents in place.

As part of our attorney services in conveyancing, we inform the seller and buyer about required documentation, explain the transfer process, and ensure that the parties sign the required documents at the allotted times. We also inform both parties regarding the costs involved for each including transfer duty or VAT. If a seller is a VAT-registered vendor, VAT is payable if the property forms part of his business (registered in the business name). VAT and transfer duty are never both payable.

Failure by the buyer to pay the transfer duty within six months from date of purchase will lead to interest levied by SARS. Transfer duty is payable, whether it is natural person or business entity.

Have all your questions answered and prevent delays in the transfer of property, whether as seller or as buyer. Make use of our attorney services regarding conveyancing in South Africa.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Call on our attorneys for legal advice, rather than relying on the information herein to make any decisions. The information is relevant to the date of publishing – April 2018.

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