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Divorce and Maintenance
Advice, guidance and representation in relation to divorce and maintenance, mediation, negotiation, investigations, drafting of documentation and agreements, initiation of proceedings and all other matters relating to divorce and maintenance.
Team
Insights
Mediation – a go-to option for divorcing couples
27 June 2024
At the heart of divorce proceedings, lies an intense personal battle between spouses. Enter mediation as a growing alternative dispute
...
resolution mechanism aiming to preserve relationships and protect the psychological and emotional well-being of children and adults by avoiding drawn-out and combative court proceedings. In this article, we take a b
show more
READ MORE
19
Article
When a spouse hides assets away in a trust…
15 January 2024
In a divorce, it may transpire that one spouse has during the marriage transferred assets to a trust. This raises
...
the question of whether such trust assets are excluded from the calculation of accrual where the parties are married out of community with the accrual system. In this article, we take a look at what has been termed ‘alter ego&rsqu
show more
READ MORE
64
Article
Spousal Consent: unveiling the challenges in community of property marriages
29 May 2023
When spouses are married in community of property, our law dictates that a spouse requires the consent of the other
...
spouse when entering into a transaction that affects the joint estate. But what happens when one spouse refuses to provide consent?
show more
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373
Article
Can you stop your spouse from sharing in your pension fund after divorce?
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?
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300
Article
Is an agreement between spouses contrary to the ANC valid?
10 January 2023
Can spouses conclude an agreement which is contrary to their antenuptial contract and which is valid and enforceable?
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416
Article
Can you claim maintenance for your adult children?
15 September 2022
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?
show more
READ MORE
453
Article
Mediation – a go-to option for divorcing couples
27 June 2024
At the heart of divorce proceedings, lies an intense personal battle between spouses. Enter mediation as a growing alternative dispute
...
resolution mechanism aiming to preserve relationships and protect the psychological and emotional well-being of children and adults by avoiding drawn-out and combative court proceedings. In this article, we take a brief look at mediation as a go-to option for divorcing couples in South Africa.
show more
READ MORE
19
Article
When a spouse hides assets away in a trust…
15 January 2024
In a divorce, it may transpire that one spouse has during the marriage transferred assets to a trust. This raises
...
the question of whether such trust assets are excluded from the calculation of accrual where the parties are married out of community with the accrual system. In this article, we take a look at what has been termed ‘alter ego’ trusts and how our courts treat these when it comes to divorce proceedings.
show more
READ MORE
64
Article
Spousal Consent: unveiling the challenges in community of property marriages
29 May 2023
When spouses are married in community of property, our law dictates that a spouse requires the consent of the other
...
spouse when entering into a transaction that affects the joint estate. But what happens when one spouse refuses to provide consent?
show more
READ MORE
373
Article
Can you stop your spouse from sharing in your pension fund after divorce?
29 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?
show more
READ MORE
300
Article
Is an agreement between spouses contrary to the ANC valid?
10 January 2023
Can spouses conclude an agreement which is contrary to their antenuptial contract and which is valid and enforceable?
READ MORE
416
Article
Can you claim maintenance for your adult children?
15 September 2022
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?
show more
READ MORE
453
Article
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