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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.
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Insights
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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52
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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315
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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349
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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206
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?
show more
READ MORE
378
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 th
show more
READ MORE
474
Article
Employed learnerships - a silver bullet for your skills development spend!
15 September 2022
For most businesses the skills development element is not only a big headache but one of the most costly components
...
of their BEE scorecard. An option to reduce some of this cost is employed learnerships, but some key success factors should be kept in mind.
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388
Article
Can the proceeds of a sale of property be used to settle arrear maintenance?
19 May 2022
Maintenance is an emotive issue for many South Africans. On the one hand there is the need of the primary
...
caregiver for the financial assistance maintenance provides, and on the other the financial issues of the spouse required to pay maintenance. So how far does the obligation to pay maintenance stretch and can a spouse even lay claim to the proce
show more
READ MORE
845
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
52
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
315
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
349
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?
READ MORE
206
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?
show more
READ MORE
378
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?
show more
READ MORE
474
Article
Can the proceeds of a sale of property be used to settle arrear maintenance?
19 May 2022
Maintenance is an emotive issue for many South Africans. On the one hand there is the need of the primary
...
caregiver for the financial assistance maintenance provides, and on the other the financial issues of the spouse required to pay maintenance. So how far does the obligation to pay maintenance stretch and can a spouse even lay claim to the proceeds of a sale of property to settle arrear maintenance?
show more
READ MORE
845
Article
Appeal Court settles debate on when you can claim arrear maintenance
13 April 2022
A friend of yours has been divorced for a few years now. Her ex was supposed to pay maintenance, but
...
it wasn’t long before he started paying less and less and then eventually stopped. Your friend was just too fearful of conflict to do anything about it and continued to raise her kids by herself. Now however, money is tight and she is wondering if there is anything she can do to get her ex to pay the maintenance he should have paid?
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427
Article
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