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November 8, 2024
Published by client-admin at November 8, 2024
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In a recent legal dispute, the court’s ruling brought to the forefront a perplexing issue that has long plagued the legal landscape: the classification of settlement […]
November 8, 2024
Published by client-admin at November 8, 2024
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An important function of an executor, the person who is appointed by the Master of the High Court to administer a deceased estate, is to account […]
November 8, 2024
Published by client-admin at November 8, 2024
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People who have not studied law or have no prior knowledge of the law may be confused and uncertain when served with a legal document called […]
November 8, 2024
Published by client-admin at November 8, 2024
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So you’ve been looking to buy your dream home, and you’ve seen something for sale that grabs your fancy. Now imagine yourself walking through the front […]
October 23, 2024
Published by client-admin at October 23, 2024
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Being a minority shareholder can leave you powerless in situations where decisions are made against your wishes. Most Memorandums of Incorporation (MOIs) typically require a 75% […]
October 23, 2024
Published by client-admin at October 23, 2024
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Recently, the High Court and the Supreme Court of Appeal (SCA) was required to interpret Section 15B(3)(a)(i)(aa) of the Sectional Titles Act 95 of 1986 in […]
October 23, 2024
Published by client-admin at October 23, 2024
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Generally, employees suspended during a disciplinary enquiry are entitled to their full salary. This suspension allows for a thorough investigation of the incident in the workplace […]
October 23, 2024
Published by client-admin at October 23, 2024
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Individuals are increasingly relying on Assisted Reproductive Technologies (ARTs) to realise their reproductive rights and desire to procreate as a result of rising infertility rates worldwide. The emergence […]
September 18, 2024
Published by client-admin at September 18, 2024
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With the vast majority of homes being financed through the country’s biggest banks, the popular online debate around who owns a mortgaged home in South Africa […]
September 18, 2024
Published by client-admin at September 18, 2024
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If you are considering buying a property in a housing development, it’s essential to understand what a Homeowners Association (HOA) is and how it operates. HOAs […]
September 18, 2024
Published by client-admin at September 18, 2024
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Winding up an estate in South Africa is a meticulous process governed by the Administration of Estates Act 66 of 1965. It involves the collection and […]
September 18, 2024
Published by client-admin at September 18, 2024
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As of 1 September 2024, significant changes have been introduced to the retirement landscape in South Africa with the implementation of the two-pot retirement system. This […]
August 26, 2024
Published by client-admin at August 26, 2024
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Professor C.G. van der Merwe, the doyen of sectional titles in South Africa, sets out the reasons for introducing sectional ownership into a legal system. He […]
August 26, 2024
Published by client-admin at August 26, 2024
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South Africa has made significant strides in combating domestic violence and protecting the rights of its citizens. The Domestic Violence Act 116 of 1998 (DVA) and […]
August 26, 2024
Published by client-admin at August 26, 2024
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The term ‘antenuptial contract’ can refer to either an informal contract or a contract complying with the formalities required by s 87 of the Deeds Registries […]
August 26, 2024
Published by client-admin at August 26, 2024
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Most South Africans today, are overburdened and overwhelmed with debt and are struggling to repay creditors. According to recent statistics, a third of people in South […]
July 22, 2024
Published by client-admin at July 22, 2024
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Rule 44(1) of the Uniform Rules of Court states that documents requesting a divorce or marriage annulment must be personally delivered to the person it concerns […]
July 22, 2024
Published by client-admin at July 22, 2024
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In South Africa, countless innocent people are wrongfully arrested, thrown into jail, and then subjected to degrading, inhumane, and dehumanising circumstances. What would be the legal […]
July 22, 2024
Published by client-admin at July 22, 2024
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Experts have already predicted the top property trends of 2024, ranging from the impact of looming interest rate cuts to co-buying, solar power financing, sectional title […]
July 22, 2024
Published by client-admin at July 22, 2024
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Ignoring a court order in South Africa is a serious matter that can lead to significant legal consequences, including being held in contempt of court. This […]
June 25, 2024
Published by client-admin at June 25, 2024
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Buy now, sell later. This year, almost half of the world’s inhabitants will head to the polls to elect their new governments, including eight of the […]
June 25, 2024
Published by client-admin at June 25, 2024
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The contents of an “inelegant and very badly drafted” will were recently the subject of a dispute in the South Gauteng High Court, in the matter […]
June 25, 2024
Published by client-admin at June 25, 2024
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In essence, the Latin phrase nec vi, nec clam, nec precario translates to “without force, without secrecy, and without permission”. According to the Prescription Act, a […]
June 25, 2024
Published by client-admin at June 25, 2024
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It often happens that a tenant, for whatever reason, refuses, neglects or is unable to pay rent and falls into arrears. A landlord, frustrated with the […]
May 28, 2024
Published by client-admin at May 28, 2024
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A DIY divorce in South Africa offers a cost-effective, simple option for uncontested cases but comes with risks like unfair settlements and asset division issues. This […]
May 28, 2024
Published by client-admin at May 28, 2024
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The right to vote in South Africa carries unique significance in our democracy. It is a right that was withheld from the majority of people in […]
May 28, 2024
Published by client-admin at May 28, 2024
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Facing the challenges of divorce, child maintenance, and spousal support can seem daunting, but there’s no need to go through it by yourself. The right expertise […]
May 28, 2024
Published by client-admin at May 28, 2024
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Residential homeowners must be aware of the judgment handed down by the Supreme Court of Appeal (SCA) in the case of the City of Johannesburg Metropolitan […]
April 23, 2024
Published by client-admin at April 23, 2024
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When buying immovable property, the offer to purchase serves as an agreement between buyer and seller. Within this document, certain clauses demand meticulous attention from both […]
April 23, 2024
Published by client-admin at April 23, 2024
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In 2024, corporate leaders in South Africa and around the world are facing more legal challenges than ever before. As the business environment becomes more complex, […]
April 23, 2024
Published by client-admin at April 23, 2024
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In conflicts between property owners and tenants seeking compensation for property improvements before leaving, eviction proceedings are possible, but success depends on location and lease terms. […]
April 23, 2024
Published by client-admin at April 23, 2024
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The Western Cape High Court recently examined whether a person had the intent to revoke their existing will. The deceased, hospitalised with COVID-19, expressed a desire […]
March 27, 2024
Published by client-admin at March 27, 2024
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In South Africa, the number of couples who are permanently living together in life partnerships is increasing every year. What are the consequences that would ensue […]
March 27, 2024
Published by client-admin at March 27, 2024
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In Part 1 of this article, we looked at the roles and functions of a notary, especially their general duties. In this part, we will look […]
March 27, 2024
Published by client-admin at March 27, 2024
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The legal landscape for domestic violence in South Africa just shifted. New amendments focus on swift arrests, tougher bail, and preventing charge withdrawals to prioritise victim […]
March 27, 2024
Published by client-admin at March 27, 2024
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The emergence of digital ghosts on social media Social media platforms have become integral to our daily lives, but what happens to these digital profiles when […]
February 27, 2024
Published by client-admin at February 27, 2024
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One aspect that is often not considered in great detail during the formation and registration of a juristic person in South Africa is its registered office, […]
February 27, 2024
Published by client-admin at February 27, 2024
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When determining the value of your property, it’s often a challenge to remain objective due to the emotional and financial attachment you have to your home. […]
February 27, 2024
Published by client-admin at February 27, 2024
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Clients often ask why certain documentation must be authenticated or certified by a Notary and not by a Commissioner of Oaths. To answer this question, one […]
February 27, 2024
Published by client-admin at February 27, 2024
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Preparing for marriage in South Africa involves several critical decisions, one of which is the antenuptial agreement (AN). This legal document is vital for dictating the […]
January 22, 2024
Published by client-admin at January 22, 2024
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Over the past five years, the SAFPS has seen a steady increase in the number of tax-related scams. Improved efficiency To improve efficiency when it comes […]
January 22, 2024
Published by client-admin at January 22, 2024
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Marriage is a significant milestone in one’s life, bringing with it a multitude of changes and decisions. One such decision that often arises is whether to […]
January 22, 2024
Published by client-admin at January 22, 2024
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In South Africa, the process of cancelling a mortgage bond is commonly necessitated when a property is sold or the bond is fully paid off. This […]
January 22, 2024
Published by client-admin at January 22, 2024
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Understanding and effectively managing your medical aid benefits is a crucial aspect of healthcare planning in South Africa. The diverse and complex healthcare system of the […]
November 29, 2023
Published by client-admin at November 29, 2023
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There is a duty on the Seller when selling an immovable property to provide certain certificates of compliance to the Purchaser. There are five compliance certificates […]
November 29, 2023
Published by client-admin at November 29, 2023
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The Purchaser signs an agreement of sale with the Seller. The property is transferred into the Purchaser’s name. A month later, there were heavy rainfalls and […]
November 29, 2023
Published by client-admin at November 29, 2023
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Do you think you can retire comfortably? Millions of South Africans rely on the money saved in their employers’ retirement fund to earn an income when […]
November 29, 2023
Published by client-admin at November 29, 2023
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Have you ever found yourself puzzled by your bank statement, wondering where all your money went? Those daily coffees and occasional treats can add up faster […]
November 27, 2023
Published by client-admin at November 27, 2023
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The simple answer is no. However, the National Building Regulations and Building Standards Act mandates that local authorities approve building plans for the construction, alteration, or […]
November 27, 2023
Published by client-admin at November 27, 2023
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As an employer, it is your responsibility to withhold tax from your employees’ salaries and remit it to SARS. Employee tax is a key component of […]
November 27, 2023
Published by client-admin at November 27, 2023
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Anyone who’s ever had the misfortune to fall prey to credit card fraud, knows that it’s a huge hassle. If you’re running a business, you should […]
November 27, 2023
Published by client-admin at November 27, 2023
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Tips for landlords when their tenant does a disappearing act Everyone who has let out property knows that sickening feeling when you find out that your […]
October 20, 2023
Published by client-admin at October 20, 2023
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Are you feeling the financial pinch? You’re not alone. Many South Africans are finding it increasingly difficult to meet their credit obligations. The cost of living […]
October 20, 2023
Published by client-admin at October 20, 2023
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A marital regime determines how parties’ assets will be managed and divided during their marriage and in the event of divorce or death. Changing the marital […]
October 20, 2023
Published by client-admin at October 20, 2023
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As interest rates continue to rise, many homeowners find themselves contemplating the idea of fixing their home loan interest rates. Initially, when the interest rate hike […]
October 20, 2023
Published by client-admin at October 20, 2023
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E-filing doesn’t allow ‘secured’ or password-protected documents to be uploaded—but there is a solution FOLLOWING SARS Commissioner Edward Kieswetter’s announcement that he intends to rebuild SARS’ […]
September 22, 2023
Published by client-admin at September 22, 2023
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Are you feeling the financial pinch? You’re not alone. Many South Africans are finding it increasingly difficult to meet their credit obligations. The cost of living […]
September 22, 2023
Published by client-admin at September 22, 2023
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Estate planning is a critical part of financial planning, yet it often gets overlooked. This process involves drafting a will, assigning assets to beneficiaries, and understanding […]
September 22, 2023
Published by client-admin at September 22, 2023
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Navigating the world of lease agreements can be complex and fraught with potential pitfalls. In South Africa, these agreements are an essential tool for establishing clear […]
September 21, 2023
Published by client-admin at September 21, 2023
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In a world where adaptability is the key to survival and prosperity, organisations across various industries are striving to stay ahead of the curve. Economic and […]
August 25, 2023
Published by client-admin at August 25, 2023
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To thrive in South Africa’s ever-changing economic landscape, it is crucial to have a thorough understanding of your regulatory responsibilities, including compliance with the Financial Intelligence […]
August 25, 2023
Published by client-admin at August 25, 2023
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Given the current economic climate, many homeowners in South Africa might find themselves facing the challenge of keeping up with their monthly bond repayments. In such […]
August 25, 2023
Published by client-admin at August 25, 2023
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The matter of a medical certificate has raised questions for quite some time. Many employers believe that if their employees provide a medical certificate for their […]
August 25, 2023
Published by client-admin at August 25, 2023
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A servitude is a limited real right which entitles its holder either to the use and enjoyment of another person’s property or to insist that such […]
July 25, 2023
Published by client-admin at July 25, 2023
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It’s all well and good being paid out for your assets, but what about the foregone earnings in the meantime? Small business owners who have a […]
July 25, 2023
Published by client-admin at July 25, 2023
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When an employer’s failure to upload an IRP5 brings SARS to a grinding halt. One of my clients has recently retired and like all retirees, they […]
July 25, 2023
Published by client-admin at July 25, 2023
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Starting a business takes careful planning and involves compliance with certain legal requirements. It is important to understand the relevant regulations and legal requirements to be […]
June 20, 2023
Published by client-admin at June 20, 2023
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The Supreme Court of Appeal (SCA) recently deliberated on whether a court sanction is necessary to validate the sale of shares owned by a trust to […]
June 20, 2023
Published by client-admin at June 20, 2023
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In many groups of companies, intra-group loans make sense as a way of funding the operations of the group. If the funds are sourced from outside […]
June 20, 2023
Published by client-admin at June 20, 2023
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In today’s digital era, data has become an essential resource for businesses to grow and thrive in a competitive market. But not all companies are taking […]
May 17, 2023
Published by client-admin at May 17, 2023
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The purpose of a precautionary suspension of an Employee is mainly to mitigate further risk to an Employer in instances where disciplinary action is contemplated. The […]
May 17, 2023
Published by client-admin at May 17, 2023
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Historically, interest rate hikes have had a dampening effect on the South African residential property market, with homeowners reassessing their affordability in anticipation of higher monthly […]
May 17, 2023
Published by client-admin at May 17, 2023
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A servitude can be described as a limited real right that can either provide the holder with the use and enjoyment of another person’s property or […]
May 17, 2023
Published by client-admin at May 17, 2023
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You and SARS are entitled to have a difference of opinion. This article, which was originally published in the May 2014 issue of Tax Breaks, has […]
April 20, 2023
Published by client-admin at April 20, 2023
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A grim warning for South African taxpayers. Long gone are the days when tax fraudsters could run circles around SARS, which has intensified its efforts to […]
April 20, 2023
Published by client-admin at April 20, 2023
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The upfront investment is high, which you’ll want to recover when you sell. Stage 6 loadshedding is now firmly in effect, many South Africans are without […]
April 20, 2023
Published by client-admin at April 20, 2023
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With most of the major interest rate hikes now out of the way, 2023 is set to provide a more stable environment for financially savvy, would-be […]
April 20, 2023
Published by client-admin at April 20, 2023
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The Eskom crisis demonstrates again the importance of proper succession planning IoDSA. The current crisis at Eskom has a number of governance lessons for South Africa […]
February 28, 2023
Published by client-admin at February 28, 2023
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You can use a loan re-advance against your house to purchase a rental property, and get the interest allowed as a tax deduction – it just […]
February 28, 2023
Published by client-admin at February 28, 2023
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Urbanisation, and the consequent magnitude of residential estates that are becoming increasingly dense and populated, requires individuals to abide by the municipal by-laws and regulations and […]
February 28, 2023
Published by client-admin at February 28, 2023
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Every business in the world sells something. They sell goods or services in order to address a need or desire of a consumer, and to achieve a profit in the process (at the very least […]
February 28, 2023
Published by client-admin at February 28, 2023
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Bigger deposits mean a smaller loan and a better interest rate. Rising inflation and several interest rate hikes have many South Africans trying their best to […]
January 20, 2023
Published by client-admin at January 20, 2023
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A deceased estate takes on a (tax) life of its own while being wound up I started my first job back in September 1987 at the […]
January 20, 2023
Published by client-admin at January 20, 2023
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Discussing an antenuptial contract might not be the easiest of conversations to have with a prospective spouse. However, it is important to be aware of the […]
January 20, 2023
Published by client-admin at January 20, 2023
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Fraud can be defined as the unlawful and intentional making of a representation that causes actual or potential prejudice to another. Parties often act on the […]
January 20, 2023
Published by client-admin at January 20, 2023
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Parties to a contract more frequently than not insert a “Consent to Jurisdiction” clause which allows the grieving party the opportunity to approach the relevant Magistrates […]
January 24, 2022
Published by client-admin at January 24, 2022
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A trust is an agreement between the person who owns the assets and the appointed trustees. A trust can be a good way to preserve your […]
January 24, 2022
Published by client-admin at January 24, 2022
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According to reports, given current low interest rates, there have been an uptick in property transactions. Therefore, it is worthwhile considering the potential impact of any transfer duty taxes to […]
January 24, 2022
Published by client-admin at January 24, 2022
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The question of whether renting or buying is the best is almost always in circulation in the real estate industry. While one is affordable in the short term, […]
January 24, 2022
Published by client-admin at January 24, 2022
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Divorce can often be an extremely stressful and exasperating process, and even more so when one spouse enjoys complete financial stability and the other has to endure a dire financial position. Such cases clearly create a huge imbalance amongst parties […]