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Filter: Divorce
How to Proceed with Divorce When Your Spouse Cannot Be Found

06 March 2024,  Sinazo Mau-Mau

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.

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659
Article
Redefining Divorce Rights: Section 7(3) of the Divorce Act Struck Down by the Constitutional Court

02 November 2023,  Maritza du Preez

In a significant legal development, the Constitutional Court of South Africa, on 10 October 2023, upheld a judgment from the... High Court of Pretoria, declaring Section 7(3) of the Divorce Act as unconstitutional. This ruling has far-reaching implications for marriages entered before the commencement of the Matrimonial Property Act and has the potential to reshape the legal landscape concerning property rights in divorce cases. This article explores the Constitutional Court's decision, the factors it considered, and the practical effects of this groundbreaking ruling on the division of assets in divorce proceedings.

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1739
Article
Parenting Coordinators and their decision-making powers

02 November 2022,  Sinazo Mau-Mau

The practice which has evolved is that divorcing parties agree to the appointment of a parenting coordinator who is tasked... with mediating parenting disputes between the parties and if the mediation has not been successful, the parenting coordinator is empowered to make directives which are binding until set aside by the court. The TC v SC 2018 case-imposed limitations on the authority of the parenting coordinators pertaining to their decision-making.

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2282
Article
Do I have to pay maintenance to my spouse when we get a divorce?

03 March 2021

I am getting a divorce. Do I have to pay spousal maintenance? What are the factors that will be considered... by the court, and under which circumstances will the court grant an order to pay spousal maintenance? 

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1108
Article
A brief analysis of the Constitutional requirement of the “best interest of the child”

29 July 2020

Section 28(2) of the South African Constitution states that a child’s best interests are of paramount importance in every matter... concerning a child. The South African legislature has adopted various pieces of legislation which gives effect to this constitutional requirement. This article will briefly consider some of these legislative interventions in order to establish what this constitutional right entails and how a child’s best interest should be determined.

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973
Article
Divorce – Accrual – Living Annuities an Asset in The Estate

27 May 2020,  Nico le Roux

In all future divorce proceedings, in the absence of an agreement between the parties, an expert will have to be... appointed to determine the value of a party’s right to receive future payments in respect of the living annuities. The SCA has not provided a guideline as to how the calculation should be done and this could lead to further litigation, as currently, an annuitant may elect to drawdown at any rate between 2.5 or 17.5 per cent per annum.  

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816
Article

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