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Filter: Divorce

When does the Property Transfer clock start in a divorce?

31 March 2025

A recent Chief Registrar’s Circular has shed light on the challenges of determining the correct transaction date for divorce-related property... transfers—especially when settlement agreements are amended after the divorce.

369

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?

470

Article

Is an agreement between spouses contrary to the ANC valid?

10 January 2023

Can spouses conclude an agreement which is contrary to their antenuptial contract and which is valid and enforceable?

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Article

Can you claim maintenance for your adult children?

15 September 2022

It has been a well held view in our law that a parent cannot claim maintenance for an adult dependent... child from their divorced spouse. But is this still the case or has a recent Supreme Court of Appeal finding changed the position?

596

Article

Will trust assets form part of your estate at divorce?

15 September 2022

Just before a couple married with the accrual system finalised their divorce, the husband created a trust and transferred money... and property to the trust. The result is the husband’s estate is considerably reduced when it comes to the accrual calculation. Is this acceptable and does it mean his estate is reduced, or can his wife claim that these assets transferred to a separate trust be included in the calculation?

761

Article

Can you sequestrate an ex-spouse for failing to pay maintenance?

14 September 2021

My ex-husband is required to pay maintenance every month in terms of our divorce settlement. He has stopped paying, saying... he can’t afford it anymore and is now considerably in arrears. I know he has a lot of financial assets that can cover what he owes me, but he just says he can’t liquidate those now as he will lose money. Can I have him sequestrated so he can pay up?

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Article