Property division in divorce

WHO GETS THE HOLIDAY HOME IN DIVORCE

Who gets the holiday home? Stories about celebrity couples going through divorce always make the news. Most of us have little sympathy with squabbles over multiple properties and outrageous claims for maintenance. It’s hard to feel compassion for the trials and tribulations of the wealthy when so many South Africans are struggling to make ends […]

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Dealing with hidden assets in divorce

The role of the forensic accountant “Whoever controls the data controls the narrative,” said an anonymous divorcée from Virginia in the US. She hired a forensic accountant when her marriage ended and she suspected her husband, a business owner, of being less than transparent about the value of that business. As she had not worked […]

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Forfeiture of patrimonial benefits

When equal distribution of assets is simply not fair Matrimonial regimes only become relevant when a marriage is dissolved. Marriage out of community of property is a theoretical and legal concept when two people are happily married and sharing their lives. However, if the marriage breaks down and divorce looms, the couple married out of […]

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Divorce in later life

Later-life divorce

How to keep a late divorce from ruining your life There is a notable difference between divorce in the early years of a marriage and later in life. In the former, spouses tend to grieve the future they had planned together. Aspirations they may have had for buying a bigger house, raising their children together, […]

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The court as upper guardian of minor children

Protecting children’s best interests As family lawyers, we talk repeatedly about “the best interests of the child”. This is the principle that informs and underpins the Children’s Act and should be the first priority in any divorce where children as involved. It’s reasonable to expect parents to put the best interests of their children before […]

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The separation of issues in a legal case

Understanding Rule 33(4) of South Africa’s Uniform Rules of Court If you’ve ever been involved in a court case, you will know how complex the legal system can be. Often multiple issues are involved in a single court case. For example, in divorce proceedings, the decree absolute must be granted, legally dissolving the marriage. But […]

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