ConCourt clears pension obstacle in divorce redistribution claims
Following its 2023 judgment, the Court has removed the separate exclusion that prevented pension interest from being considered in qualifying post-1984 marriages.
Divorce
Husband’s domicile no longer decisive in cross-border marriage disputes
Practitioners say the judgment may reshape how assets, spousal claims, and property transactions are handled where marriages span several jurisdictions.
High Court orders 40% redistribution, weighing pre-marital cohabitation
The judgment shows that long relationships and indirect domestic contributions can justify substantial redistribution under the Divorce Act.
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.
No easy answers when valuing living annuities at divorce
Courts and practitioners face contested valuation methods – from present-value drawdowns to post-death capital – with tax and drawdown assumptions driving outcomes.
How the two-pot system reshapes pension rights in divorce settlements
The two-pot rules redefine ‘pension interest’ at account level, meaning funds must deduct awarded sums proportionally from the savings, retirement, and vested components.
Courts will be able to override antenuptial contracts upon divorce
The General Laws (Family Matters) Amendment Bill will empower the courts to order fair asset transfers in marriages out of community of property without accrual.
The three-month rule: how divorce impacts your will
A little-known legal provision can have major consequences for divorced individuals who do not update their wills.
Understanding the division of retirement benefits at divorce
Understanding the nuances of ‘pension interest’ and ensuring accurate wording in the divorce order is vital to avoid complications.
Four key disconnects between advisers and female clients
A recent study by Schroders and Ad Lucem highlights significant challenges and opportunities for advisers to address the evolving needs of female clients.
Man who married four wives loses claim to 50% of his first wife’s pension interest
The first wife bought wedding dresses for the third and fourth wives, but this did not prove that she consented to the marriages.
Claim for interim maintenance of R128 298 a month is excessive, says judge
The High Court also rejects a wife’s claim for R300 000 to pay for renovations and furniture, saying Rule 43 does not provide for lump-sum payments.
Automated payment is not a defence to pension interest claims
The fund said the automated payment of the spouse’s 50% interest was already in process, and the payment could not be stopped.
SCA thwarts man’s bid to keep assets from his wife during divorce trial
A wealthy Durban businessman has failed in his bid to “hide” more than R5.5 million from his wife. He had hastily established a trust and repaid his father an old debt. The Supreme […]
Father can’t get money from sale of his house until he pays child maintenance, judge rules
A Johannesburg father who owes about R200 000 in maintenance for his children will not be able to get his hands on the proceeds of the sale of his house until he pays […]
Ex-wife loses out – settlement agreement not in line with Divorce Act, PFA
A case that came before the Financial Services Tribunal has underscored the importance of ensuring that divorce settlements conform to the provisions of the Pension Funds Act and the Divorce Act when addressing […]
Ex-wife loses out – settlement agreement not in line with Divorce Act, PFA
A case that came before the Financial Services Tribunal has underscored the importance of ensuring that divorce settlements conform to the provisions of the Pension Funds Act and the Divorce Act when addressing […]
