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.
#MatrimonialPropertyAct
ConCourt clarifies property rights when customary marriages become civil marriages
Antenuptial contracts signed after a customary marriage but before a civil ceremony are invalid without the section 21 process.
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.
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.
