How to ensure assets are not hidden in divorce proceedings Divorce is never simple, and the more sophisticated the couple’s finances and the more valuable the assets, the messier the divorce proceedings can become. Where large estates or family trusts are involved, one spouse may try to hide or protect assets from the equal distribution […]
Understanding the rights of donors and the legal status of joint estate contributions Young couples – and sometimes not-so-young couples – are often the grateful recipients of generous financial donations from family members who want to help the couple on their married journey, particularly in the current economic climate where a lump sum for a […]
Vehicles, art collections, antiques, jewellery and wine Divorce is never a word spoken lightly. Whether a marriage has lasted five years or 50, the end of what was meant to be a lifelong partnership is difficult. We’ve written about child custody and a range of issues parents of minor children have to consider when they […]
Pros and cons of liquidators and receivers in divorce proceedings Liquidators and receivers are more commonly associated with corporate failure. A liquidator is an individual or entity (often an accountancy firm) legally empowered to wind up a company’s affairs when it is closing – typically when the company is going bankrupt. A receiver is someone appointed […]
The future of digital asset division In today’s rapidly evolving digital landscape, cryptocurrency has emerged as a credible financial asset. While initially considered niche and speculative, cryptocurrencies such as Bitcoin and Ethereum are gaining acceptance, with individuals and businesses investing in these decentralised assets. According to the FSCA’s Crypto Assets Market Study, conducted in 2022, […]
Another consideration for high-net-worth and later-life divorce Divorce is inevitably emotional, messy, and complicated. It can even be traumatic. And the more complex and valuable the joint estate, the more sensitive and difficult the division of assets. We’ve written about the treatment of a second property in divorce and the perils of hiding assets (don’t […]
This article on the two-pot pension system is the second in our three-part series on divorce in later life. What do changes to the Pension Act mean for couples divorcing in later life? If you have an occupational pension or pay contributions to a retirement annuity (RA), you will be aware of the changes in […]
Quick answer: Property division in divorce in South Africa depends first on the couple’s matrimonial property regime: in community of property, out of community of property with accrual, or out of community of property without accrual. The next question is practical: whether assets will be sold, transferred, offset against other assets, retained by one spouse, […]
