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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
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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62
Article
Can Maintenance Be Claimed on Behalf of Adult Dependent Children?
08 November 2024
In a recent judgment by the Supreme Court of Appeal, the case of Z v Z examined whether a parent
...
has the legal standing to claim maintenance for adult dependent children from the other parent. This ruling emphasises the responsibilities of parents even after their marriage has ended.
show more
READ MORE
697
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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349
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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351
Article
How to Proceed with Divorce When Your Spouse Cannot Be Found
06 March 2024
Rule 44(1) of the Uniform Rules of Court states that documents requesting a divorce or marriage annulment must be personally
...
delivered to the person it concerns unless the court allows a different service. But what if the sheriff can't deliver the documents because the person has disappeared or moved abroad? This art
show more
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878
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
READ MORE
381
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
62
Article
Can Maintenance Be Claimed on Behalf of Adult Dependent Children?
08 November 2024
In a recent judgment by the Supreme Court of Appeal, the case of Z v Z examined whether a parent
...
has the legal standing to claim maintenance for adult dependent children from the other parent. This ruling emphasises the responsibilities of parents even after their marriage has ended.
show more
READ MORE
697
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
349
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
351
Article
How to Proceed with Divorce When Your Spouse Cannot Be Found
06 March 2024
Rule 44(1) of the Uniform Rules of Court states that documents requesting a divorce or marriage annulment must be personally
...
delivered to the person it concerns unless the court allows a different service. But what if the sheriff can't deliver the documents because the person has disappeared or moved abroad? This article will explain alternative service methods the court might approve when personal service isn't feasible.
show more
READ MORE
878
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
381
Article
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