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Divorce and Maintenance
Advice, guidance and representation in relation to divorce and maintenance, mediation, negotiation, investigations, drafting of documentation and agreements, initiation of proceedings and all other matters relating to divorce and maintenance.
Team
Insights
Can you challenge maintenance when you’re in arrears?
03 December 2024
The duty to maintain a child is of utmost importance. But what happens when your financial circumstances change, causing you
...
to fall behind on maintenance payments? Can you challenge the maintenance order in such a situation?
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5
Article
The Two-Pot Pension System and divorce
03 October 2024
The new Pension Funds Amendment Act 31 of 2024 (“PFAA”) that was recently signed into law not only introduces far-reaching
...
consequences in respect of pension funds but also impacts the position of pension interest and divorce. In this article, we look at some of the key impact areas of the PFAA in respect of divorce.
show more
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97
Article
Mediation – a go-to option for divorcing couples
27 June 2024
At the heart of divorce proceedings, lies an intense personal battle between spouses. Enter mediation as a growing alternative dispute
...
resolution mechanism aiming to preserve relationships and protect the psychological and emotional well-being of children and adults by avoiding drawn-out and combative court proceedings. In this article, we take a b
show more
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96
Article
When a spouse hides assets away in a trust…
15 January 2024
In a divorce, it may transpire that one spouse has during the marriage transferred assets to a trust. This raises
...
the question of whether such trust assets are excluded from the calculation of accrual where the parties are married out of community with the accrual system. In this article, we take a look at what has been termed ‘alter ego&rsqu
show more
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139
Article
Spousal Consent: unveiling the challenges in community of property marriages
29 May 2023
When spouses are married in community of property, our law dictates that a spouse requires the consent of the other
...
spouse when entering into a transaction that affects the joint estate. But what happens when one spouse refuses to provide consent?
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408
Article
Can you stop your spouse from sharing in your pension fund after divorce?
28 March 2023
Can a spouse married in community of property at divorce claim that the other spouse forfeits their right to share
...
in their pension?
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269
Article
Can you challenge maintenance when you’re in arrears?
03 December 2024
The duty to maintain a child is of utmost importance. But what happens when your financial circumstances change, causing you
...
to fall behind on maintenance payments? Can you challenge the maintenance order in such a situation?
show more
READ MORE
5
Article
The Two-Pot Pension System and divorce
03 October 2024
The new Pension Funds Amendment Act 31 of 2024 (“PFAA”) that was recently signed into law not only introduces far-reaching
...
consequences in respect of pension funds but also impacts the position of pension interest and divorce. In this article, we look at some of the key impact areas of the PFAA in respect of divorce.
show more
READ MORE
97
Article
Mediation – a go-to option for divorcing couples
27 June 2024
At the heart of divorce proceedings, lies an intense personal battle between spouses. Enter mediation as a growing alternative dispute
...
resolution mechanism aiming to preserve relationships and protect the psychological and emotional well-being of children and adults by avoiding drawn-out and combative court proceedings. In this article, we take a brief look at mediation as a go-to option for divorcing couples in South Africa.
show more
READ MORE
96
Article
When a spouse hides assets away in a trust…
15 January 2024
In a divorce, it may transpire that one spouse has during the marriage transferred assets to a trust. This raises
...
the question of whether such trust assets are excluded from the calculation of accrual where the parties are married out of community with the accrual system. In this article, we take a look at what has been termed ‘alter ego’ trusts and how our courts treat these when it comes to divorce proceedings.
show more
READ MORE
139
Article
Spousal Consent: unveiling the challenges in community of property marriages
29 May 2023
When spouses are married in community of property, our law dictates that a spouse requires the consent of the other
...
spouse when entering into a transaction that affects the joint estate. But what happens when one spouse refuses to provide consent?
show more
READ MORE
408
Article
Can you stop your spouse from sharing in your pension fund after divorce?
29 March 2023
Can a spouse married in community of property at divorce claim that the other spouse forfeits their right to share
...
in their pension?
show more
READ MORE
269
Article
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