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A matrimonial property regime where each spouse keeps their own estate during the marriage, but on divorce (or death) the growth in each estate is shared equally. Requires an antenuptial contract that expressly includes accrual.

A procedure where an accused pays a fine (often at a police station) to dispose of a minor offence without appearing in court. Results in a criminal record. Under Schedule 1 of the Criminal Procedure Act, more serious matters cannot be disposed of this way.

A contract signed before marriage (before a notary and registered at the Deeds Office) that excludes community of property. Can be with or without the accrual system.

A private dispute-resolution process where an independent arbitrator (instead of a judge) hears the matter and issues a binding award. Faster and confidential, but the parties pay the arbitrator’s fees.

The release of an arrested person from custody, on condition that they attend court when required. Set under section 60 of the Criminal Procedure Act. Schedules 1, 5, 6 and 7 of the Act set the thresholds for different offence categories.

A failure, without lawful excuse, to perform a contractual obligation. The innocent party may claim damages, specific performance, or cancellation — depending on the nature of the term breached.

Under the Children’s Act 38 of 2005, "care" replaced "custody". It means the right and responsibility to provide a child with a suitable home, upbringing, and daily supervision. Awarded according to the child’s best interests.

The Commission for Conciliation, Mediation and Arbitration — a statutory body that resolves labour disputes through conciliation and arbitration. Most unfair dismissal referrals must first go to the CCMA before the Labour Court.

The default matrimonial property regime for civil marriages without an ANC. Spouses’ estates are merged into one joint estate, and each spouse has equal say over major transactions. Creditor claims reach both spouses.

Under the Children’s Act, "contact" replaced "access". It means the right of a child (and a parent/other person) to maintain a relationship — visits, calls, overnight stays. Arranged to serve the child’s best interests.

A fee arrangement (regulated by the Contingency Fees Act) where the attorney is paid a percentage of the damages recovered — only if the matter succeeds. Common in Road Accident Fund and personal-injury claims ("no win, no fee").

An entry on the SAPS criminal record database noting a conviction or certain admissions of guilt. Affects employment, travel, and licensing. Can be expunged after 10 years for certain offences.

A marriage concluded under African customary law. Recognised by the Recognition of Customary Marriages Act 120 of 1998 if valid under customary law and registered. Default property regime is in community of property unless an ANC is registered.

A civil wrong causing harm to another (the equivalent of "tort" in other systems). The wronged party claims damages from the wrongdoer. Elements: conduct, wrongfulness, fault, causation, and harm.

A pre-trial procedure (Rule 35 of the Uniform Rules of Court) where each party must disclose all relevant documents in their possession. Central to preparing a matter for trial.

The document that starts a divorce action, issued by the court and served by the sheriff on the defendant. Sets out the relief sought (divorce, care, maintenance, property division).

The place a person regards as their permanent home, and to which they intend to return. Affects jurisdiction for divorce, estates, and tax. Distinguished from residence (where you currently live).

Service of court process on a defendant who is outside South Africa, under Rule 25. Used in international divorce matters. More complex and costly than local service.

The legal removal of an unlawful occupier from property. Governed by the PIE Act (Prevention of Illegal Eviction Act 19 of 1998) — requires a court order; no one may be evicted without one.

The removal of a criminal record after a qualifying period (typically 10 years) without reoffending, under section 271B of the Criminal Procedure Act. Takes 3–4 months and roughly R15 000 if done through an attorney.

A court order (section 9 of the Divorce Act) stripping one spouse of the benefits they would otherwise receive from the marriage’s property regime — granted where it would be inequitable not to, considering fault, duration, and circumstances.

The founding affidavit in motion proceedings — the sworn statement setting out the facts on which the applicant relies. Must contain enough detail to justify the relief sought.

Under the Children’s Act, the responsibility to administer and safeguard the child’s property and to assist the child in legal, administrative, and contractual matters. Held by parents jointly; requires the other guardian’s consent for major decisions.

A Latin-derived maxim meaning "lease goes before sale". If a leased property is sold, the new owner steps into the shoes of the landlord and is bound by the existing lease until it expires (subject to the Rental Housing Act).

See "Community of property". The default regime for civil marriages without an ANC.

Latin for "in the place of a parent". A person (such as a teacher or guardian) who assumes parental rights and duties without a formal adoption. Relevant to school consent, medical treatment, and care disputes.

The legal state where a person or company’s liabilities exceed their assets and they cannot pay debts as they fall due. Triggers the Insolvency Act 24 of 1936 — the insolvent estate is surrendered to a trustee for the benefit of creditors.

A court order restraining a person from doing something (prohibitory interdict) or compelling them to do something (mandatory interdict). Requires a clear right, a well-grounded apprehension of irreparable harm, no adequate alternative remedy, and balance of convenience.

The distribution of a deceased person’s estate when they died without a valid will. Governed by the Intestate Succession Act 81 of 1987 — the estate passes to the surviving spouse, descendants, or other relatives in a set order.

The single merged estate created when spouses marry in community of property. Both spouses’ assets and liabilities (with limited exceptions) fall into it, and both have rights of administration over it.

A court’s authority to hear and decide a matter. Depends on the subject matter, the monetary value, and the geographical location of the parties or the cause of action.

Latin for "place to stand". The right to bring a matter to court. A party must have a sufficient, direct, and substantial interest in the relief sought.

A periodic payment (monthly) to support a child or (during divorce) a spouse. Governed by the Maintenance Act 99 of 1998. Based on the child’s reasonable needs and each parent’s means.

The legal framework that determines how spouses’ property is owned during marriage and divided on divorce. In SA: in community of property, out of community without accrual, or out of community with accrual.

A voluntary, confidential process where a neutral mediator helps the parties negotiate their own settlement. Non-binding unless an agreement is signed. Increasingly encouraged in family and commercial disputes.

An attorney with an additional qualification who can execute and attest certain documents (antenuptial contracts, notarial bonds, servitudes). Documents must be registered at the Deeds Office to take effect.

A matrimonial property regime (created by an ANC) where each spouse keeps their separate estate. Without accrual, estates stay entirely separate; with accrual, growth is shared on dissolution.

A written agreement (Children’s Act section 33) setting out how divorced or separated parents will exercise their care, contact, and guardianship responsibilities. Can be made an order of court.

The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998. Prohibits evictions without a court order; sets out the procedure and notice requirements for lawful eviction.

A contract changing a couple’s matrimonial property regime after marriage (e.g. from in community of property to out of community with accrual). Requires a court order under section 21 of the Matrimonial Property Act. Costs roughly R15 000 – R30 000.

The extinguishing of a debt by the passage of time. Under the Prescription Act 68 of 1969, most civil debts prescribe (are extinguished) after 3 years. A creditor who sleeps on their rights loses them.

The right of a client to refuse to disclose confidential communications with their attorney (legal advice privilege) or certain documents prepared for litigation (litigation privilege). Central to the attorney-client relationship.

A rule of the High Court allowing a spouse to apply for interim maintenance, a contribution to costs, and/or interim care and contact of children, while a divorce action is pending. Decided on paper, quickly.

The Magistrate’s Court equivalent of Rule 43 — interim relief pending a divorce in the regional court. Same purpose: maintenance, contribution to costs, and care/contact.

Bail for serious offences listed in Schedule 6 of the Criminal Procedure Act (e.g. murder, rape). The accused must show "exceptional circumstances" justify release — a reverse onus, far harder than ordinary bail.

A form of ownership (Sectional Titles Act 95 of 1986) where a person owns a unit (section) in a building plus an undivided share in the common property. Governed by a body corporate and rules.

A court official who serves legal documents (summonses, warrants) on parties and executes court orders (attachments, evictions). Service by the sheriff is required to start most court actions.

An alternative method of serving court process when personal service by the sheriff has failed (e.g. the defendant cannot be found or is avoiding service). Requires a court order and a tracing affidavit; can include publication in a newspaper. Costs roughly R15 000 – R20 000 and takes 8–12 weeks.

A landlord’s security right (silent lien) over a tenant’s movable goods on the leased premises, for unpaid rent. Allows the landlord to attach the goods (with a court order) — but visitors’ goods are usually protected.

The distribution of a deceased person’s estate according to their valid will. Governed by the Wills Act 7 of 1953. The will must meet formal requirements (writing, signature, witnesses) to be valid.

A legal arrangement where a founder transfers assets to trustees, who hold and administer them for the benefit of beneficiaries. Used for estate planning, asset protection, and minor beneficiaries. A trust is a "persona" but not a juristic person.

A doctrine where a court disregards a trust’s separate identity because the trustee (often the sole beneficiary) treated it as their personal piggybank. On divorce, the trust’s assets can be brought into the joint estate. Established in Badenhorst v Badenhorst.

Under the PIE Act, a person who occupies land without the owner’s consent, or without any right in law to do so. Even an unlawful occupier cannot be evicted without a court order.

Latin for "with living voice". Oral testimony given by a witness in court, under oath, in the presence of the judicial officer — as opposed to affidavit evidence or documentary evidence.

The Wills Act 7 of 1953 — governs the execution, validity, and interpretation of wills in South Africa. Sets the formal requirements (the will must be in writing, signed by the testator and two witnesses present at the same time).