Month: October 2022

CIVIL PARTNERSHIPS

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Since the enactment of the Marriages Act [Chapter 5:17] hereinafter referred to as “the Act”, there have been mixed views on the interpretation and meaning of a civil partnership amongst the general public. This article seeks to define what it is and highlights the prerequisites of such a relationship.

A civil partnership is defined in section 41 of the Act, as:

(1) A relationship between a man and a woman who—

(a) Are both over the age of eighteen years; and

(b) Have lived together without legally being married to each other; and

(c) Are not within the degrees of affinity or consanguinity as provided in section 7; and

(d) Having regard to all the circumstances of their relationship, have a relationship as a couple living together on a genuine domestic basis; shall be regarded as being in a civil partnership for the purposes of determining the rights and obligations of the parties on dissolution of the relationship and, for this purpose, sections 7 to 11 of the Matrimonial Causes Act [Chapter 5:13] shall,with necessary changes, apply on the dissolution of the relationship.

There are aspects that are taken into account when looking at the existence of a civil partnership. The court takes into account the factors listed below when making its determination on whether a civil partnership existed, including:

  • the duration of the relationship;
  • the nature and extent of their common residence;
  • whether a sexual relationship exists;
  • the degree of financial dependence or interdependence, and any arrangements for financial support, between them;
  • the ownership, use and acquisition of their property;
  • the degree of mutual commitment to a shared life;
  • the care and support of children;
  • the reputation and public aspects of the relationship.

It should be noted that a civil partnership is NOT a marriage but rather a relationship respected in terms of the laws of the country for purposes of sharing property upon its dissolution and maintenance where it applies.

This is for general information purposes – seek the advice of your Lawyer

Lease Agreements

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LEASE AGREEMENT

This is an agreement between two parties (the “lessor” and “lessee”) that regulates their relationship in relation to the property that is being let out and highlights the obligations of both parties premised on the lessor allowing the lessee use and enjoy their property in exchange for a certain sum of money (rentals). Leases relate to the occupation of property (immovable) and can be for either residential or commercial premises. For commercial lease agreements that extend for a period of more than 10 years there is a requirement that they be registered in accordance with the provisions of the Deeds Registries Act.

A lease agreement can be in writing or verbal, although you it is advisable to have a lease agreement that is in writing. It is difficult to prove the obligations of the parties basing on a verbal lease agreement, a written contract makes it easier for both parties. The lease agreement must capture the following details:

  • Name, surname and identity details of the lessor and lessee;
  • Property description (address, extent);
  • Rental sum;
  • Deposit / security
  • Duration of the lease agreement;
  • Amendment of the agreement;
  • Terms and conditions on cancellation and breach of the agreement be either party;
  • Duties and obligations of both parties;
  • Notice period;
  • Termination of the agreement;
  • Dispute resolution

FAILURE TO PAY RENTALS

Where a party is failing to pay rentals the lessor may exercise their right to terminate the agreement by virtue of breach of the material terms of the agreement. In the event that the lessee remains in occupation of the premises after the lapse of the notice period the Lessor is entitled to claim holding over damages, legal costs and any other costs depending on the agreement between the parties. Where the tenant won’t leave the premises after such termination the Lessor may approach the courts for relief (eviction of the tenant). Summons may be issued for the eviction of the lessee and all those claiming occupation through the lessee.

Get in touch with our team for comprehensive assistance with your leases.

This is for general information purposes only – consult an Attorney 

 

Claiming maintenance from a Deceased’s Estate

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DID YOU KNOW That a dependant/dependants of the deceased can make a claim for maintenance from the deceased’s estate?

The Deceased Persons Family Maintenance Act [Chapter 6:03] states that;

3 Application for maintenance
(1) Any dependant of a person who dies after the 19th January, 1979 may, subject to this Act, make application for an award from the net estate of the deceased.

Where one was a dependant of the deceased, during their lifetime, they can make an application to the Master for maintenance from the estate of the deceased.

In terms of the Act, a “dependent” can be:

(a) a surviving spouse;
(b) a divorced spouse who at the time of the deceased’s death was entitled to the payment of maintenance by the deceased in terms of an order of court;
(c) a minor child;
(d) a major child who is, by reason of some mental or physical disability, incapable of maintaining
himself and who was being maintained by the deceased at the time of his death;
(e) parent who was being maintained by the deceased at the time of his death;
(f) any other person who¾
(i) was being maintained by the deceased at the time of his death; or
(ii) was entitled to the payment of maintenance by the deceased at the time of his death;

 

There is a wide scope of application that is anticipated by the Act, and where one can successfully show that they were a dependent and financially reliant on the deceased, they are to present their case before the Master of the High Court. This claim should be laid appropriately in order for it to be entertained, and for one to be given their dues in respect of the estate.

This is for general information purposes only – seek the advice of a Lawyer