Antenuptial contracts are not just for divorce Are you considering marriage? If so, you may have been advised to think about an antenuptial contract (ANC). Historically, marriages in South Africa were entered into in community of property, meaning the marital estate was a jointly held collection of assets. As long as the couple remained married, […]
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 […]
Purpose and benefits of antenuptial contracts If you’re thinking of getting married, you may wonder if you need an antenuptial contract (ANC or, colloquially, pre-nup). Or perhaps a friend or relative is planning a wedding and you’re wondering why they are fretting over their pre-nup when there is so much to do for the ceremony. […]
What can you expect? If you have applied for a protection order and have been asked to attend a hearing, you may be feeling anxious. It may be your first experience of a court hearing, and it may seem daunting. If you are threatened by your partner, you are already feeling vulnerable and unsafe. Going […]
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 […]
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 […]
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 […]
