28 March 2023
Can a spouse married in community of property at divorce claim that the other spouse forfeits their right to share in their pension?
10 January 2023
Can spouses conclude an agreement which is contrary to their antenuptial contract and which is valid and enforceable?
15 September 2022
Just before a couple married with the accrual system finalised their divorce, the husband created a trust and transferred money and property to the trust. The result is the husband’s estate is considerably reduced when it comes to the accrual calculation. Is this acceptable and does it mean his estate is reduced, or can his wife claim that th
It has been a well held view in our law that a parent cannot claim maintenance for an adult dependent child from their divorced spouse. But is this still the case or has a recent Supreme Court of Appeal finding changed the position?
For most businesses the skills development element is not only a big headache but one of the most costly components of their BEE scorecard. An option to reduce some of this cost is employed learnerships, but some key success factors should be kept in mind.
19 May 2022
Maintenance is an emotive issue for many South Africans. On the one hand there is the need of the primary caregiver for the financial assistance maintenance provides, and on the other the financial issues of the spouse required to pay maintenance. So how far does the obligation to pay maintenance stretch and can a spouse even lay claim to the proce
Just before a couple married with the accrual system finalised their divorce, the husband created a trust and transferred money and property to the trust. The result is the husband’s estate is considerably reduced when it comes to the accrual calculation. Is this acceptable and does it mean his estate is reduced, or can his wife claim that th...
Maintenance is an emotive issue for many South Africans. On the one hand there is the need of the primary caregiver for the financial assistance maintenance provides, and on the other the financial issues of the spouse required to pay maintenance. So how far does the obligation to pay maintenance stretch and can a spouse even lay claim to the proce...
A friend of yours has been divorced for a few years now. Her ex was supposed to pay maintenance, but it wasn’t long before he started paying less and less and then eventually stopped. Your friend was just too fearful of conflict to do anything about it and continued to raise her kids by herself. Now however, money is tight and she is wonderin...
I’m the father of a newborn daughter. The mother, to whom I’m not married, disappeared immediately after birth leaving me as sole parent of my daughter. Because I don’t know where the mother is I cannot get the mother’s consent. Without this consent Home Affairs does not want to register my daughter under my surname. I have ...
My ex-husband is required to pay maintenance every month in terms of our divorce settlement. He has stopped paying, saying he can’t afford it anymore and is now considerably in arrears. I know he has a lot of financial assets that can cover what he owes me, but he just says he can’t liquidate those now as he will lose money. Can I have ...
My mother is a black woman who has been married since the early 1970’s to my father in accordance with customary law. They have never concluded a civil marriage, and my mother has also been our home provider while my father worked. Their marriage has become strained over the last couple of years, and I’m worried about my mother, should ...
My ex-husband has for some time now not paid his maintenance as per the court order. Because I had a job and was earning a basic income, I just left it as I didn’t want the hassle of trying to get him to pay. Now I’ve been retrenched and have asked him to pay his outstanding maintenance, but he refuses and says his attorney told him tha...
I have a friend who has been looking after her grandson since birth when her daughter just walked out on the child after he was born with deformities. My friend managed to obtain a settlement with the hospital for negligence during the birth and now takes care of the child using the money from the settlement. The child is very sick and may not have...
My ex-husband still has access to our shared cloud account. Unbeknown to me this meant he could see all my back-ups of messages, photos and other personal information. Our divorce did not end well and he is now sharing private and personal information of me with third parties to embarrass me and to try and portray me as a bad parent. What can I do ...
My husband and I are busy getting a divorce. We are currently still living under the same roof, but my husband insults me and is quite abusive in front of our children. We bought the house together but I don’t want him living there. Is there any way I can force him to move out before we are divorced?
I have an ex who is harassing me in person and on social media after we broke up a few weeks ago. The more I make it clear to him that we are done the more aggressive he gets and the uglier comments he makes on social media. I’m really scared to go out and run into him and I am so ashamed of everything he is saying on social media. I want him...
Just before a couple married with the accrual system finalised their divorce, the husband created a trust and transferred money and property to the trust. The result is the husband’s estate is considerably reduced when it comes to the accrual calculation. Is this acceptable and does it mean his estate is reduced, or can his wife claim that these assets transferred to a separate trust be included in the calculation?
Maintenance is an emotive issue for many South Africans. On the one hand there is the need of the primary caregiver for the financial assistance maintenance provides, and on the other the financial issues of the spouse required to pay maintenance. So how far does the obligation to pay maintenance stretch and can a spouse even lay claim to the proceeds of a sale of property to settle arrear maintenance?
A friend of yours has been divorced for a few years now. Her ex was supposed to pay maintenance, but it wasn’t long before he started paying less and less and then eventually stopped. Your friend was just too fearful of conflict to do anything about it and continued to raise her kids by herself. Now however, money is tight and she is wondering if there is anything she can do to get her ex to pay the maintenance he should have paid?