Insights and commentary from the offices of Simon Dippenaar
Can spouses evict one another from the marital home? Can one spouse evict the other from the matrimonial home? No. A spouse is not a tenant, even if the marriage is out of community of property and one spouse owns the home outright. Spouses have a duty of support to each other which includes the […]
Can an ex-wife claim maintenance arrears from her ex-husband’s retirement fund? A case came before the Gauteng High Court recently in which a woman had deducted funds from her ex-husband’s retirement funds for child maintenance arrears. The applicant was the ex-husband, who claimed that it was unfair for an application for withdrawal of funds to […]
Reprinted from the Guardian, by Anna Moore – 2022-05-09 Can men who assault or intimidate their partners be taught to respect women? We talk to campaigners and perpetrators – and sit in on one of their classes In this Zoom call, four men are looking at a list of family duties and marking which they […]
Johannesburg High Court rules that mother did not have to give notice before taking money for maintenance arrears Reprinted from GroundUp, by Tania Broughton – 2022-05-06 The Johannesburg High Court has ruled that a mother whose ex-husband owed maintenance payments for their children was entitled to take money from his pension without notice. Judge Tina […]
Do you suspect your spouse has more financial assets than they claim? Divorce is a one of the most difficult life events many people will experience. Only bereavement is harder to bear. Admittedly, some people seem to sail through a relatively amicable and pain-free divorce, but they are the exception and not the rule. Divorce […]
When parents divorce or die, what rights do grandparents have towards their grandchildren? When couples with children divorce, there is understandably a focus on the arrangements made for the children. A lot of time and effort is spent on ensuring a fair division of care and contact between the parents. Unfortunately, the rights of grandparents […]
How is maintenance calculated on divorce in South Africa? In South Africa, the Divorce Act 70 of 1979 makes provision for spousal maintenance to be paid at the discretion of the court. It is not an automatic right and can be a highly charged subject. Laws and practices vary around the world, but in general […]
Can you change your parenting coordinator and what are their powers? When parents divorce, or indeed when unmarried parents go their separate ways, it is common for them to have a parenting plan, which is a legally binding agreement that defines the roles and powers of each parent or carer. It also clarifies areas […]
