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In Legal

Thailand approves draft bill to legalise same-sex unions

July 10, 2020 No Comments

Thailand may soon become the first south-Asian country to legalise same-sex unions. The country’s Cabinet approved a draft bill on Wednesday, July 8, that will legally recognise same-sex civil partnerships. This bill, if passed, will afford same-sex couples in the conservative country many more rights.

Under the Civil Partnership Bill, couples must be at least 17 years old and one must be a Thai citizen to qualify. The draft bill will soon have a public hearing, in which the House of Representatives will debate and vote on whether or not to pass the bill. It will then go to the Senate, who will once again vote on whether to pass it. This could be a months-long process.

This bill, if passed, would also make Thailand the second Asian country to legally recognise same-sex unions. In 2019, Taiwan became the first in Asia to legalise same-sex marriage.

Recognising same-sex civil partnerships is not the same as legalising same-sex marriage, however. It will only allow same-sex couples to legally register their union, but not formally marry in the traditional sense. Furthermore, these couples will be able to adopt children together, claim inheritance rights and jointly manage assets like property. This is a massive step forward for the LGBTQI+ movement in Thailand.

“The Civil Partnership Bill is an important step for Thai society in promoting equal rights and supporting the rights of same-sex couples to build families and live as partners,” wrote Ratchada Thanadirek, a deputy government spokesperson in a Facebook post.

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In Legal

More South Africans applying for divorce amid lockdown

July 2, 2020 No Comments

There has been a reported increase in divorce applications and interest since lockdown came into effect in South Africa. The reasons behind the choice, however, are varied.

New stats reveal that South Africa is ranked at number 83 out of 154 countries in the world for its divorce rates. Local law firm DIY Legal says they have seen a 20% increase in divorce applications since level 4 lockdown was instated as the courts reopened for the service. The firm took a deeper look at these concerning stats to understand the reason behind it.

According to DIY Legal, there are many reasons South Africans cite as the basis for wanting a divorce. 16% of respondents said their choice was down to a lack of love, respect or affection from their partner.

Brendan McNulty, founder of DIY Legal, explains additional stressors like unemployment, financial strain and being stuck at home all day also contribute to these statistics.

It is important to note that an increase in divorce rate is currently being experienced worldwide, South Africa is not unique in this regard. There are various reports relaying a surge in divorce applications in China. National media has reported that marriage registration offices in some districts in Xi’an, capital of Northwest China’s Shaanxi Province, have experienced unprecedented divorce appointments since their reopening on March 1.

“As a result of the epidemic, many couples have been bound with each other at home for over a month, which evoked the underlying conflicts, adding that the office had been closed for a month, therefore the office has seen an acutely increasing divorce appointment,” an official from the registration office told reporters. “Usually the office would see a wave of divorcement after Spring Festival and the college entrance examination.”

Saudia Arabia has seen a 30% increase in divorce applications, and in Britain the divorce rate increased by 42% between late March and mid-May.

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In Legal

People may marry in Level 3 under these conditions

June 1, 2020 No Comments

Those keen to tie the knot may now do so during Level 3 lockdown. However, there are strict conditions to stick to.

During a media briefing, Home Affairs minister Aaron Motsoaledi exlained that people may marry at a Home Affairs office or with a marriage officer. No wedding ceremonies are permitted, and a maximum of two witnesses are allowed.

“We are not allowing wedding ceremonies, but people can go to Home Affairs Department to get married,” he said. “We made it very clear about the conditions [for marriages] two people who are getting married and two witnesses, no crowds.”

“Because the majority of marriage officers are ministers of religion, we have also said the same thing – if a minister of religion is going to marry couples in their office, the couple must come with only two witnesses. We don’t allow crowds there.”

Home Affairs will also open other services, such as the registration of births, the re-issuing of birth certificates, and the collection of IDs.

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In Legal

Vendor denies refund and threatens man after fiancée dies

May 28, 2020 No Comments

A Dallas-based wedding videography company is under fire for refusing to refund a couple after the bride-to-be passed away before their wedding day.

Justin Montney and Alexis-Athena Wyatt were set to tie the knot in May. Tragically, Wyatt died in a car crash in early February, leaving Montney heartbroken.

Montney soon began contacting all their vendors to cancel arrangements, the majority of whom gave him refunds. One of their vendors, Copper Stallion Media, refused to refund the $1,800 (R31 241) fee the couple had already paid as it was against their policy and the couple had signed a legally-binding contract.

“We replied and expressed our sympathy and explained to him that all of our wedding contracts are non-refundable,” said the company online. “He kept emailing us trying to get a refund and we kept reiterating that the contract is non-refundable. We eventually stopped responding since the issue was moot.”

Montney continued to reach out to the company and after not hearing from them for months, said he would post about their refusal to refund him on social media. Copper Stallion Media then threatened to sue Montney, as well as Wyatt’s family for a negative review Wyatt’s mother had posted on The Knot.

Montney then reached out to a local television station to share his side of the story, along with screenshots of the conversation between him and the company. According to the screenshots, Copper Stallion Media had a few harsh comments, writing “we hope you sob and cry all day for what would have been your wedding day. Sorry, not sorry.” The story quickly sparked outrage.

there’s really people like this in the world. I hope no one hires them and they lose their business pic.twitter.com/OosZZcYaX6

— Tyler. (@Tyler_Macin17) May 24, 2020

According to Buzzfeed, Copper Stallion Media allegedly retaliated by creating a website called JustinMontney.com, on which they state they are building a case against Montney and accuse him of fueling a smear campaign against them, as they have received many negative reviews online since the story broke.

“We will NEVER refund Justin Montney even with the online threats and harassment… If we knew he was going to shake us down, we would have charged a higher deposit,” they allegedly wrote on the site. “Life is a b**ch, Justin.”

The content on the site has since been removed and replaced with a Youtube embed of the song ‘Disillusioned’ by A Perfect Circle.

Buzzfeed also reports that The Knot Worldwide recently discovered that the accounts for Copper Stallion on The Knot and Wedding Wire sites were created under a false identity by a man named Jesse J. Clarke.

There are suspicions that Jesse J. Clarke, the creator of those pages, may also be Jesse J. Clark, a videographer who in 2013 was accused of scamming about 90 couples by not delivering wedding videos as promised, while pocketing their payments.

“As soon as we became aware, we took immediate action and removed Copper Stallion Media from our marketplaces on The Knot and WeddingWire,” the company said.

“We are conducting a thorough investigation across our sites to determine if there are any other businesses that have been created under false identities by individuals associated with Copper Stallion Media and will take quick action to remove any listings that are found,” the Knot said.

A GoFundMe has been set up to help the family pay for funeral expenses, and over US$15,000 (R260 349) has already been raised.

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In Legal

South Africans now need permits to get married

March 19, 2020 No Comments

In light of the COVID-19 pandemic affecting people throughout the world, the South African government is taking a number of steps to flatten the curve.

Gatherings of more than 100 people have been prohibited in the country. To make sure this rule is enforced, those in the Gauteng province wanting to host large events such as weddings and funerals must now apply for a permit to do so.

Gauteng Premier David Makhura made the announcement during a media briefing in Gauteng on Wednesday, March 18. According to Makhura, Gauteng is a high-risk province as it is densely populated and has the most developed transport system used by many.

“We want to call on business to cooperate, including township establishments. Everyone who is applying for a funeral or for a wedding needs to do so at the nearest police station in your area,” said the Premier. ” The police stations are helping us to monitor to ensure that the size of those events complies with the law. So, there’s a specific provincial police officer who is designated on behalf of the provincial commissioner coordinating all those applications so that there is full compliance.”

As of now, South Africa has 116 confirmed cases of COVID-19 and no reported deaths thus far.

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In Advice

Advice for buying your first property together

March 10, 2020 No Comments

For a first-time property buyer, when you don’t yet have a solid understanding of the ins-and-outs of the property industry, taking that first step towards home ownership can be daunting.

There’s a lot to consider before stepping onto the property ladder. And it isn’t as simple as going from the bottom to the top. You have to climb one ring at a time: do your research, ask questions and put yourself in the hands of people with in-depth industry knowledge.

One concern that comes up for most potential property buyers is the issue of affordability. Carl Coetzee, CEO of BetterBond, says that it might be wise to consider co-ownership ‒ an accessible and certainly a more cost-effective way for people to enter the property market.

“Assessing affordability is the first rung on the ladder to qualifying for a bond. One way to make it more affordable is to purchase property with a friend, partner or parent,” says Coetzee.

The bond originator encourages people to apply for pre-qualification as the very first step to securing a bond. Pre-qualification is the process whereby the size of the bond the individual qualifies for is determined. A pre-qualification certificate can be issued within 24 hours and is typically valid for three months, assuming your financial position remains the same in those three months.

Coetzee adds that a key benefit of pre-qualification is that it demonstrates to sellers that you are a serious buyer as you have already gone through the process of thoroughly assessing how much you qualify for.

BetterBond handles clients’ home loan applications (at no charge), submitting to multiple banks to find the best deal available. They also offer free services online, including an affordability calculator which calculates the size of bond you could potentially qualify for based on your current income and expenses.

So, what are the pros, cons and considerations of property co-ownership?

According to the Stats SA General Household Survey 2018, around 35% of South African households own their property (with 18.3% owned by an individual and 17% owned jointly).

Coetzee explains that there are obvious benefits such as sharing the costs and maintenance of a property, but it is very important for applicants to know exactly what they are getting into.

“There are certain things you should consider when deciding if co-ownership is for you. For example, is the person you are looking to purchase property with someone you are willing to enter into a financial agreement with? Trust is very important,” he says.

“You have to ask the right questions and ensure you are well informed before going into this kind of partnership. Once you have decided to go ahead, a written agreement must be drawn up at the outset outlining every detail of the arrangement,” Coetzee explains.

“All terms must be agreed upon in this legally binding contract to avoid any potential issues or confusion down the line, especially if all partners are equal in the contract as no one party then has the authority to make decisions unless all are in agreement.”

The co-ownership agreement should entail who will live on the property; who will pay or contribute towards deposits and initial payments for the property; how ownership will be shared (it is automatically equal if not stated otherwise); who will be allowed to draw funds from the bond; what will happen in the event of the death or incapacitation of one of the co-owners; what will happen if one or more parties in the contract wish to part ways or sell the property; how profits or losses on the property will be split; and anything else that might result in potential disputes.

“Co-ownership makes it significantly easier to enter the property market, especially in light of the current economy where money is tight for most. But before entering into such an agreement, you have to consider all factors of the arrangement carefully and in great detail,” says Coetzee.

“Clarity is key to a successful co-ownership agreement. All co-owners must agree on how things will work upfront, leaving no room for ambiguity.”

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In Legal

Applying for a South African marriage certificate

February 28, 2020 No Comments

The formalities of getting married are stressful for most couples, as visits to Home Affairs go. But if you have some key information about applying for a South African marriage certificate before hand, the process should be as smooth as can be.

When you enter into a marriage, the marriage officer will provide you with a handwritten marriage certificate (form BI-27) , free of charge. You’ll need to apply for an unabridged marriage certificate as soon as possible. The abridged certificate is issued on the same day that it is applied for.

While the abridged certificate contains the personal details of both you and your partner as well as the date of marriage, the unabridged certificate contains more detailed information. The latter is often required for legal reasons by the government (for when you travel, emigrate or obtain foreign passports) and financial institutions (for opening accounts etc.).

It’s best to ensure that you are in possession of an unabridged marriage certificate, it’s a better document to have and is much more useful.

If you require another copy of the abridged certificate, or want a unabridged certificate, then here’s what you need to do :

– Complete Form BI-130 in black ink

– Pay the prescribed fee (a re-issue is R75)

– Bring certified copies of you and your spouses ID’s

– Submit these to the nearest office of the Department of Home Affairs

– Call the Home Affairs toll-free hotline 0800 601 190 to follow up on the progress of your application for an unabridged marriage certificate.

Other things you need to know:

– If you (or your spouse) aren’t South African, the unabridged certificate will be required to register the marriage in your home country.

– If you’re overseas you can apply for a marriage certificate at any South African embassy or consulate.

– The unabridged marriage certificate takes about 6 to 8 weeks to receive after you have applied.

Image: Facebook / Department of Home Affairs

In Advice

Important questions to ask your wedding vendors

February 13, 2020 No Comments

Planning your big day can easily become overwhelming. With so many moving parts, it’s easy to forget certain things. Protect yourself against these unexpected problems by doing your research and fact-checking these important details with your wedding vendors.

– Their payment structure

The majority of vendors will require a deposit and then the remainder of the balance in instalments. Make sure you know exactly when certain amounts are due so that you can plan your finances ahead.

– What is included in the price

This goes without saying, but you need to be exact on what you’ll be receiving with each service. Some venues, for example, might not include cleaning in their fee which would then be an extra expense you have to cover.

– Whether they have liability insurance

Liability insurance protects a company’s assets and pays for obligations such as medical costs and damage to property, giving you peace of mind should something serious go wrong.

– If they have decor restrictions

Your vision of floral chandeliers and (eco-friendly) glitter sparkling all over might be unattainable if your wedding venue is strict with what decor is allowed on site.

– If they’re accessible for handicapped guests

It’s incredibly important to cater to your wedding guests, and if any of them require wheelchair ramps, railings or any other services, your wedding venue should ideally provide them for you.

If you may you pick your own vendors

Some wedding venues have approved lists of vendors that can be used, so it’s important to check if you can bring in your own.

– Their cancellation policy

If for any reason, you need to cancel this service, it’s best to know how far in advance you have to do it to get your money (or at least some of it) back.

– If they have on-site parking

This one’s a biggie. If your guests are travelling far in cars, they’re going to need somewhere to park.

– Their backup plan in the event of last-minute change

Rain, extra guests, food shortages…Accidents happen and it’s always best to have a backup plan. Ideally, your wedding vendor has a plan in place for this last-minute occurrences.

– Overtime fees

Sometimes the party is too good to end. In the event of going overtime, you don’t want to be surprised with an exorbitant bill from your wedding vendors. Make sure to check their rates before the big day so that you’re prepared come wedding day.

– Whether they cater to LGBTQI+ couples

Many vendors are quite traditional and do not offer their services to those who belong to the LGBTQI+ community. If this does not fall in line with your beliefs, it’s best to know before you agree to work with a specific wedding vendor.

– Ask for references!

It’s a great idea to check in with other couples who have worked with these vendors about their experiences to get a more realistic view of the service you can expect.

Also read: Hidden costs to consider when wedding planning

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In Advice

Marrying a foreigner: What you need to know

February 12, 2020 No Comments

So you’ve found the partner of your dreams and you can’t wait to get married. But, there’s one little hiccup… You’re from two different parts of the world, and that can make the process a bit tedious.

Marrying a foreigner doesn’t have to be a tiresome task. You simply need to know what to expect.

Whether you are a foreigner marrying a South African citizen or a South African marrying a foreigner, there are obligatory procedures to follow. Here’s what you need to know:

– Can you get married in South Africa?

If you’re a minor, you cannot get married without written consent from a parent, guardian or the court.

People who suffer from severe mental disorders are unfortunately not allowed to get married under South African law. The reason for this is that the mental disorder may prevent them from understanding what marriage is and may cause them to make decisions which are not in their best interest.

Finally, if you are already married you are prohibited from getting married in South Africa. If you have previously been married, you need to present evidence that the marriage has legally ended.

Other than the above mentioned people, every body is allowed to get married in this country.

– The process

Both partners are required to make a trip to Home Affairs (Pro tip: try to ensure that you go to the Home Affairs Officers that your intended marriage Officer is registered at). Ensure that you take all required documents with you!

An official will verify the documents that you present. Thereafter, they will make an appointment with an immigration interviewing officer for you.

The purpose of the interview is to determine the legitimacy of the relationship – the government needs to take steps to ensure that a marriage of convenience (for citizenship) is not taking place. This is nothing to worry about! Questions will simply be about your relationship. You’ll be asked how long you’ve been together, if you’ve met each other’s family’s, or why you want to be together.

If your interview is successful you’ll receive a document confirming that you are legally allowed to marry in South Africa.

Once your marriage is documented, you should be issued a printed marriage certificate. This certificate is then used to apply for a visa.

– What documents do you need?

For the South African Citizen:

A certified copy of your ID
3 x ID photo’s
If you have been previously married, Home Affairs will require a copy of the decree of divorce/death certificate. If yours is an antenuptial agreement, they will need a copy of the cover letter from your lawyer.

For the non-South African Citizen:

A copy of the front page of your passport
A copy of the Visa Page in your passport – or the last entry stamp through customs found in your passport
3 x ID photo’s
If you have been previously married, Home Affairs will require a copy of the decree of divorce/death certificate.
A letter of non-impediment (certificate from your country of citizenship confirming freedom to marry)
You will be required to sign an Affidavit on the day of your wedding – This is a document supplied by Home Affairs. It is required to verify that you are using your international passport as a means of documentation since you do not have a South African ID number.

P.S it’s always safer to certify all your documents before you head to Home Affairs. You wouldn’t want to be turned away for something so minor!

How to elope – legally

November 14, 2019 No Comments

When you think of elopements, visions of secret romantic getaways spring to mind. A day of shared love with you and your partner is endlessly meaningful and simple. However, that doesn’t mean it will be effortless. While often marketed as the easy option, there are still a number of variables to consider when opting to elope. Here is what you need to know.

Legality in South Africa:

The solemnisation and registration of civil marriages, customary marriages and civil unions are all managed by South Africa’s Department of Home Affairs. As a South African citizen, your marriage has to go through the necessary paperwork in order to be legal.

In order to receive a marriage licence, you must:

– ensure that you are legally allowed to marry

– understand the legal consequences of a marriage, particularly that marriages in South Africa are automatically in community of property, unless a valid ante-nuptial contract has been entered into before the marriage, and

– make sure that your marriage will comply with all the legal requirements for a valid marriage.

Necessary documents:

On the day of your wedding, the following documents must be produced:

– Identity documents for each person getting married

– If a foreign national is marrying a South African citizen, they should both present their valid passports as well as well as a completed BI-31 Form (Declaration for the Purpose of Marriage, Letter of no impediment)

– If the wedding is for a minor (a person under the age of 18 years), the written consent of both parents/ legal guardian or the Commissioner of Child Welfare or a judge should be submitted on Form DHA-32 as well. If the minors getting married are under the ages of 18 for boys or 15 for girls, the written consent from the Minister of Home Affairs will also be required

– If any of the persons getting married are divorced, then the final decree of divorce should be furnished

– If any of the persons getting married are widowed, the deceased spouse’s death certificate must be submitted.

A Home Affairs-wedding requires at least two witnesses. These witnesses and the marriage officer must then sign the marriage register following the solemnisation of a marriage. The marriage officer will issue the parties with a handwritten marriage certificate (BI-27) free of charge. The marriage officer must then submit the marriage register to the nearest office of the Department of Home Affairs, where the marriage details will be recorded in the National Population Register (NPR).

Marrying abroad:

If you want to marry abroad, you will be subject to the laws of that particular country, so it is of utmost importance to research their specific requirements at their official embassy. In most cases, you will be required to submit a Letter of No Impediment (LNI). The LNI is a certificate issued by the Department of Home Affairs Head Office to confirm the current marital status of an individual and that they are free to marry.

Application forms can be submitted to the Department of Home Affairs or an SA High Commission office. If you are divorced, you will have to submit your decree of divorce along with your application. It can take up to six months to receive your letter depending on processing time, so the earlier you can apply, the better. The certificate is valid for six months from the date of issuing.

Importantly, it must be issued by the Department of Home Affairs Head Office, not a Regional Home Affairs Office, in order to ensure legality. The LNI can only be legalised if an original, official Home Affairs letterhead, signed and stamped by the authorised Home Affairs official (Head Office only) has been provided.

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