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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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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Selling property without consent of spouse

Selling property without consent

Whose duty is it to check consent has been given? When couples are married in community of property, which is still the most common matrimonial regime in South Africa, both spouses are equally responsible for the management of their joint estate. Therefore, certain transactions require consent from the other spouse and both parties need to […]

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ConCourt Recognition of Muslim Marriage a Victory for Women and Children’s Rights

ConCourt Muslim Marriage

Reprinted from Mondaq, by Aslam Moosajeeand Shenaaz Munga – 2022-08-03 On 28 June 2022, the Constitutional Court, in Women’s Legal Centre Trust v President of the Republic of South Africa and Others, held that the non-recognition of Muslim marriages infringes upon the rights of Muslim women and their children to dignity, equality, access to courts and the best interests […]

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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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Customary marriages

Married under customary law South Africa

Hayi bo! Are we married or not? Most couples know if they are married. They have held a wedding and invited friends and family, often at great expense. Or they have taken two witnesses and visited their local Department of Home Affairs for a simple ceremony. There should be no uncertainty about the answer to […]

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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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