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Cor van Deventer's Articles

Who Gets the House? Understanding Property Rights in Divorce

For many couples, the family home represents far more than bricks and mortar. It holds memories, a sense of security, and emotional significance — especially when children are involved.

Understanding the Best Interests of the Child in Divorce

When parents separate or divorce, decisions about where a child will live, who will care for them, and how they will be supported are among the most difficult and emotionally charged.

Step-by-Step Guide to the Divorce Process in South Africa

Divorce is one of the most emotionally and legally significant events a person can experience. Beyond the personal and family upheaval, it also involves a structured legal process that must be carefully followed to formally end a marriage in South Africa.

Why You Need an Antenuptial Contract in South Africa

An antenuptial contract (often called a "prenup") is a legal agreement signed by two people before they get married. In South Africa, it serves to change the default legal consequences that would otherwise apply to their marriage under the Marriage Act and Matrimonial Property Act.

Rezoning of Property in South Africa - What You Need to Know

When you apply for rezoning, you’re asking the municipality to approve a different use than what’s currently allowed. For example, turning a single residential stand into a multi-unit development site, converting a house into a set of offices, or changing a farm portion into suburban residential land.

Agricultural Land Rezoning in South Africa – What Makes it so Difficult?

The Department of Agriculture, Land Reform and Rural Development (DALRRD) plays a central role in reviewing and approving any subdivision or conversion of farmland. Their mandate isn’t commercial—it’s agricultural sustainability. This means land that is suitable for farming is automatically viewed as a strategic resource.

The Cost, Delays, and Risks of Rezoning Property

Rezoning applications can take anywhere from six months to two years—sometimes even longer. While municipalities offer general time estimates, the actual duration depends on a range of unpredictable factors, many of which are outside the applicant’s control.

The Rezoning Process in South Africa

For developers, investors, and landowners looking to change how a property may legally be used, land rezoning is a process that requires planning, expert input, and a clear understanding of local government systems. A misstep can result in months of delay—or complete rejection.

Enforcing Property Sale Contracts in South Africa

The moment a seller signs and accepts a written offer, a property sale agreement comes into legal existence. But while the contract is technically valid from that point, it isn’t always immediately enforceable. Most sale agreements include suspensive conditions—clauses that suspend the legal effect of the contract until certain events take place.

Can a Property Sale Agreement be Cancelled?

It’s not uncommon for buyers or sellers to reconsider the transaction after the agreement is concluded. A seller may no longer wish to sell, or a buyer may begin to doubt whether they want to proceed. While these scenarios are understandable, walking away from a signed contract isn’t always straightforward.

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