
Community of property divorces must address joint estates, judge rules
Dissolving a marriage in community of property while deferring questions about the joint estate is neither conceptually sound nor workable.

Dissolving a marriage in community of property while deferring questions about the joint estate is neither conceptually sound nor workable.

Antenuptial contracts signed after a customary marriage but before a civil ceremony are invalid without the section 21 process.

At issue is whether a death benefit received by a surviving spouse is protected from the creditors of an insolvent joint estate.

A specific order in terms of section 7(8) of the Divorce Act is required if spouses want a retirement fund to make a deduction and payment to the non-member spouse.