Court rules that married couples can have more than one matrimonial home Divorce and the holiday home Recently, a case came before the Western Cape High Court in which a woman (the applicant) in the midst of a divorce case (called “pendente lites” – pending litigation) was unable to remain in the couple’s “holiday home”, […]
The importance of choosing the right matrimonial property regime We’ve written a lot about marriage finances and the importance of antenuptial (and postnuptial) contracts. The decisions you make before the wedding will impact on your union until it ends – either by divorce or death. Will you be married in community of property or out […]
How your choice of matrimonial property regime can impact you. Divorce Attorney Cape Town has written a lot about ante-nuptial contracts (ANCs), matrimonial property regime, pension splitting, and many other aspects of marriage and divorce law and finances. This article from Moneyweb summarises and supports all our advice. The matrimonial property regime that you choose […]
Asset splitting on divorce includes pensions – or does it? There is probably no aspect of divorce more complex and contentious than the division of pension entitlement. Despite the introduction of “clean-break” legislation in 2007 by amendments to the Pension Funds Act 24 of 1956 (PFA), fair and equitable sharing of pension fund assets is […]
Community of property under the accrual system: make sure your antenuptial contract reflects your intentions These days many couples contemplating marriage consider drawing up an antenuptial contract (ANC), often with the accrual. Historically, most marriages were ‘in community of property’, and this regime provided a degree of protection to women, who traditionally carried out household duties […]
