Hinrichsen Attorneys

A universal partnership is an express or tacit agreement between two parties, including same-sex couples who choose to live together in a permanent relationship without marrying. They share the same responsibilities and obligations of a married couple, including their present and future assets. In other words, all of their property is owned jointly during the relationship. When looking at the legal consequences, our law does not give automatic rights to partners in a cohabitation relationship. If one of the parties dies without leaving a Will, the domestic partner is not legally entitled to inherit or to claim maintenance from the deceased’s estate. An aggrieved party would have to go to court to show that the parties were partners in a ‘universal partnership’ and that the one party owes something to the other.

With regard to the termination of fixed term employment contracts, one needs to look at the specific circumstances regarding such employment in order to best identify the best course of action when dealing with the termination thereof. Thus, w hen looking at the applicable legislation surrounding fixed term employment contracts (often referred to as 'temporary employment contracts'), the following is noteworthy:

The Immigration Act No. 13 of 2002 governs the process of admission, residence and departure of foreigners into South Africa. furthermore, it also provides for the consequences for illegal entry of foreigners into the country as well as the consequences of employers hiring same.  We have compiled a summary of the consequences which may affect your company directly or indirectly: