Forfeiture of pension benefit

Forfeit pension

When is a spouse not entitled to half a pension on divorce? A recent case challenged the matrimonial property regime “out of community of property without accrual”, because on divorce a wife was unfairly denied a share of assets she had helped to accrue through her unpaid contribution to the household (raising children, building her […]

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Application to compel

Application to compel

What is an application to compel and when would you use one? Are you going through a hostile divorce and your spouse’s attorneys are not being completely transparent in the discovery phase? Do you think your employment has been wrongfully terminated but your employer is withholding documents you need to make your case? In these…and […]

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I’ve been subpoenaed – what now?

Subpoena

Understanding the subpoena process in South African law Have you been summonsed to appear in court (subpoenaed) and give evidence in a trial? If so, you may be frightened, or at least a bit anxious. As lawyers, we attend court all the time. It’s a familiar environment for us. But we know that for the […]

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Rule 43 and Muslim divorce

Muslim R43

Where law and culture intersect Muslim marriage has been in the news recently. In June 2022, the Constitutional Court declared the Divorce Act unconstitutional because it failed to recognise Muslim marriages that have not been registered as civil marriages as valid marriages. Parliament was ordered to rectify the legislation to comply with the Constitution within […]

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Vary a divorce order

Vary divorce order

Why and how to vary a divorce order When you divorce, the divorce order is a final and non-negotiable legal document…or is it? Are there circumstances in which you might want to vary a divorce order? And is it allowed in law? The answer to both these questions is “yes”, but certain conditions apply.  Divorce […]

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Trusts and maintenance

Trust-to-trust: Is a trust an option to ring-fence a maintenance obligation upon divorce? Reprinted from iol.co.za, by Phia van der Spuy – 2021-11-04 A trust has various uses. A trust is a useful tool to utilise in a divorce settlement whereby a divorce settlement can be transferred into a trust and be applied for the […]

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Co-parenting: joint decision-making for your children

Co-parenting South Africa family law

Navigating co-parenting decision-making for major decisions When a married couple with a child or children divorces, they may both hold parental responsibilities and rights for their child. In many circumstances, they may each act without the consent of the other. This often happens when the child’s primary residence is with one parent, who is then […]

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Married out of community of property with accrual?

Married out of community of property with accrual? What does it mean if you divorce?

A fair regime, but how is the accrual calculated? No one marries intending to divorce. We’re sure that Bill and Melinda Gates would never have imagined, 27 years ago when they tied the knot, that they’d one day be announcing their divorce to the world. If they had, they might have drawn up an antenuptial […]

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Silver splitters – grey divorce and the Gateses

SIlver Splitters - later life divorce

“Silver splitters” – what are the issues for later-life divorce? The average age for divorce in South Africa is 41 for women and 45 for men. 44% of divorces happen between five and nine years of marriage. But there is a growing trend for couples to divorce later in life, personified in the high-profile divorce […]

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