Legal news and commentary from the offices of Simon Dippenaar
What to do with the marital home on divorce – Section 57 of the Deeds Registries Act When a couple divorces, there may be debates about who keeps or continues to live in the matrimonial home. Once the emotional and practical issues are resolved, there is still a legal matter to attend to. Ultimate ownership […]
We recently covered a story about a husband’s forfeiture of his right to his wife’s pension benefit on divorce, even though they were married in community of property, due to his complete lack of financial contribution to the marriage, compounded by his infidelity. In the case below, a forfeiture of pension rights was overturned on […]
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 […]
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 […]
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 […]
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 […]
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 […]
Children should not have to make the claim for themselves, says Supreme Court of Appeal Reprinted from GroundUp, by Tania Broughton – 2022-07-21 A parent can claim maintenance for adult dependent children from the other parent upon divorce, the Supreme Court of Appeal (SCA) has ruled. The judgment, penned by Acting Judge Pieter Meyer (with […]
Reprinted from Business Tech – 2022-05-12 The Pretoria High Court on Wednesday (11 May) ruled that a part of South Africa’s Divorce Act is unconstitutional, setting up major changes for how divorces are handled when couples are married out community of property in the country. The court judgement declared that Section 7(3)(a) of the Divorce […]
Addicted parents – balancing rights with responsibilities With every right comes a responsibility. In no sphere of life is this more true than when it comes to parenting. Do parents have a right to see their children? Yes, they do. But the rights and best interests of the child take precedence. There are circumstances in […]
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 […]
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 […]
