Customary marriage divorce in South Africa is a court process. A valid customary marriage does not simply end because the spouses separate, stop living together, or agree informally that the relationship is over. If the marriage is legally valid, it must be dissolved by a court decree of divorce. This guide explains validity, registration, property […]
If you want to get a divorce in South Africa, the biggest mistake is starting with emotion and assumptions instead of process. The right first step depends on whether the matter is uncontested, whether there are children, and whether property or maintenance will be disputed. This page is the practical step-by-step version: what to do […]
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 […]
Don’t ignore a maintenance order! When a couple divorces, a requirement to pay maintenance is often included in the divorce arrangement. This could be spousal maintenance, child maintenance, or both. While there is not always a court order involved, when one is in place it is legally binding. In maintenance disputes, a court order can […]
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 […]
What do divorced parents need to know about travelling with their children? Children of divorced parents often say one of the unintended benefits of the divorce is twice the holidays. Although agreeing on holiday contact can be contentious for parents, divorce can mean the child spends almost the entire school holiday period on vacation. But […]
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 […]
