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Read more...Category: Divorce and Maintenance Law
Divorce and Maintenance Law
Understanding customary marriages
A customary marriage is one that is concluded in accordance with Customary Law. Customary Law is defined as customs and usages traditionally observed among the indigenous African peoples of South Africa and which form part of their culture. According to the Recognition of Customary Marriage Act 120 of 1998, for a customary marriage to be […]
Read more...Does a customary marriage automatically dissolve if parties walk away? – Monyepao v Ledwaba and Others (1368/18) 2020 ZA
Customary marriages are valid and are recognised in terms of the Recognition of Customary Marriages Act, 120 of 1998. A customary marriage can be defined as a marriage concluded in accordance with Customary Law. For a customary marriage to be valid, certain requirements must be met. Firstly, the marriage must be negotiated and be entered […]
Read more...No more “divorce debt” says the Government Employee’s Pension Fund
It is a well-known fact that parties married in community of property or out of community of property with application of the accrual system, have a claim against their spouses’ pension fund upon divorce. Prior to amendments made in 2007, a pension fund was ordered by court to endorse its records to reflect that a […]
Read more...Wat sou die posisie wees indien hy wel ‘n testament gehad het wat voor die egskeidingsbevel verly is en waarin sy vrou nog die enigste erfgenaam is en hy kom drie weke na die egskeidingsbevel tot sterwe. Sal sy dan kan erf?
Nee. Die Wet skep ‘n vermoede dat die geskeide oorledene sy voormalige gade sou wou onterf, welke vermoede vir ‘n tydperk van drie maande na die egskeidingsbevel geld. Die testament word dus uitgelê op die basis dat almal daarin benoem erf, behalwe die voormalige gade. Na die verstryking van die drie maande sou sy dan weer kan erf indien die testament […]
Read more...Clean-break principle and the The Government Employees Pension Fund (the GEPF)
Clean-break principle and the The Government Employees Pension Fund (the GEPF) In 2007, progressive amendments were made to the Pension Funds Act 24 of 1956 (the Act), which is the main statute regulating private pension funds. These amendments ensured that a non-member spouse was able to claim his or her share of his or her […]
Read more...How can the clean-break principle be achieved in the case of a divorce where a spouse is a member of the Government Employees Pension Fund?
Clean-break principle and The Government Employees Pension Fund (the GEPF) In 2007, progressive amendments were made to the Pension Funds Act 24 of 1956 (the Act), which is the main statute regulating private pension funds. These amendments ensured that a non-member spouse was able to claim his or her share of his or her spouse’s […]
Read more...Spousal Maintenance: A Discretion – Not A Right
Spousal Maintenance: A Discretion – Not A Right 1.1. At common law a spouse has no right to maintenance upon divorce. Section 7(2) of the Divorce Act confers discretion upon a court to make a maintenance order which it finds just, having regard to the following factors:(a) The existing or prospective means of each of the […]
Read more...At what date is the accrual determined in divorce matters?
At what date is the accrual determined in divorce matters? 1. There were conflicting decisions as to when the accrual in either party’s estate should be determined. Without referring to the specific cases, there was one case in KwaZulu-Natal which indicated that the time for determining the accrual was at litis contestatio (closing of pleadings) and […]
Read more...Watter remedies het ek vir agterstallige onderhoud?
Watter remedies het ek vir agterstallige onderhoud? Indien enige onderhoudbevel gemaak ingevolge hierdie wet onvoldoende bly vir ‘n periode van tien dae vanaf datum van betaling van die betrokke bedrag, of datum waarop enige sodanige bevel gemaak was, mag die persoon in wie se guns sodanige bevel gemaak was aansoek doen vir: ‘n […]
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