Year: 2022

Replacement of Marriage Certificate

Posted by nnlaw on with 2 Comments

DID YOU KNOW THAT A LOST MARRIAGE CERTIFICATE CAN BE REPLACED?

If you have lost yours, do not despair! 

A marriage certificate can be replaced by approaching the Registrar of Marriages office with the following information and documentation:

  1. Full names of the husband and wife – as they appear on identity documents
  2. Place the marriage was solemnised
  3. National Identity Document or Valid Passport (No drivers licence)
  4. Date of marriage, including the year
  5. Letter of authorization in the event that the parties to the marriage have instructed a third party to go through the process on their behalf.
  6. Payment of the prescribed statutory fee.

Whereupon the documentation has been furnished and the information meets the requirements, then one may be furnished with the replacement marriage certificate. The replacement will now be, for all intents and purposes the only marriage certificate valid between the parties.

Should this be a service you require, please get in touch with our team of legal practitioners to assist you with same.

This article is for information purposes only – seek the advice of an attorney.

 

BREACH OF CONTRACT

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A contract put simply is a legally enforceable agreement between parties. A contract can be either written or verbal. it is always advisable to enter into a written contract so as to make their life easier in the unfortunate event of breach or dispute. A written contract clearly sets out the roles and obligations of the parties and its existence is easy to prove.

There are some formalities that have to be complied with to ensure that a contract is valid, including;

  • A valid offer by one party and acceptance by the other party;
  • There must be meeting a of the minds (consensus ad idem);
  • The contract must be clear (in terms of obligations amongst other factors, parties must not be left to deduce what is being communicated in terms of the agreement;
  • Must comply with the provisions of the law;
  • Performance must be possible;
  • Parties must intend to be bound in terms of the agreement;

At times a contract is not performed according to the expectations set out, and breach occurs. When this happens there are options of recourse available to the aggrieved party. Remedies available can either have the contract fulfilled or cancelled resulting in parties returning to the status quo ante (the position they were in prior to the contract).

SPECIFIC PERFORMANCE

This is the process whereby the breaching party is called upon to perform their obligations in terms of the contract as had been agreed to in terms of the agreement by the aggrieved party.

CANCELLATION

Parties may choose to cancel the contract and opt to have each of them restored to the position that they were in prior to the contract (status quo ante). Cancellation results in the restoration of any performance that was done by either party and does away with or extinguishes any present or future obligations in terms of the contract.

INTERDICT

The aggrieved party can make an application in the courts for a mandatory interdict that then compels the other party to perform their obligations in terms of the contract or a prohibitory interdict that prohibits a party from disposing of or doing certain acts until the matter has been resolved.

DAMAGES

These can be claimed by the aggrieved party so that they are placed in the position that they would have been in had the contact been concluded. Damages are financial in nature. damages can be claimed over with any of the other remedies.

Has a party you entered into a contract with breached the terms of your agreement. Do you want to conduct business and want to reduce the agreement into writing? If the answer is yes, then contact our team of attorneys that will assist you.

This article is for general information purposes only – seek the advice of an attorney. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ESTATE PLANNING AND GUARDIANSHIP

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Guardianship in its widest sense includes custody and embraces the care and control of the minor’s person as well as the administration of his/her property and business affairs. Guardianship in some instances where the parents are alive can be awarded to third parties, although done with exercising extreme caution. The courts are not quick to deprive natural guardians (mother and father of a minor) of their rights unless it is the best interests of the minor child.

Guardianship involves acting on the child’s behalf, it may entail to sue on behalf of the child, enter into and conclude contracts as well as manage/transact in the property of the child. A guardian must act in the best interests of the child. All decisions and undertakings must be done to the benefit of the minor child, which principles the natural guardians (parents) are expected to be guided by. In the event that both parents have passed away then guardianship may be acquired by making an application in the courts of law, and proving that the child has been orphaned and you intend to become the minor’s guardian as it will be in their best interests.

Parents often overlook the importance of the children’s lives after their death, especially if they are still minors, and leave no provisions or plans of which particular adult will take over the role of being the minors’ guardian. Be a parent that does not gamble with their child’s future – plan ahead and put in place safeguards that ensure that your child/ren are taken care of even after your death. Let your wishes be carried out and not the general thoughts of a family tribunal. Plan accordingly for your child/ren, and elect trustworthy adults who will have your child/ren’s best interests at heart always, and will not plunder their inheritance.

Be wise and prudent when it comes to the affairs of your children, and their inheritance! #MakeAPlan

 This article is published for information purposes only – seek the advice of a Lawyer.