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Can you stop your spouse from sharing in your pension fund after divorce?

28 March 2023

Can a spouse married in community of property at divorce claim that the other spouse forfeits their right to share... in their pension?

128

Article

Is an agreement between spouses contrary to the ANC valid?

10 January 2023

Can spouses conclude an agreement which is contrary to their antenuptial contract and which is valid and enforceable?

174

Article

Can you claim maintenance for your adult children?

15 September 2022

It has been a well held view in our law that a parent cannot claim maintenance for an adult dependent... child from their divorced spouse. But is this still the case or has a recent Supreme Court of Appeal finding changed the position?

456

Article

Will trust assets form part of your estate at divorce?

15 September 2022

Just before a couple married with the accrual system finalised their divorce, the husband created a trust and transferred money... and property to the trust. The result is the husband’s estate is considerably reduced when it comes to the accrual calculation. Is this acceptable and does it mean his estate is reduced, or can his wife claim that these assets transferred to a separate trust be included in the calculation?

277

Article

Pending divorce and evicting your abusive partner

12 October 2020

My husband and I are busy getting a divorce. We are currently still living under the same roof, but my... husband insults me and is quite abusive in front of our children. We bought the house together but I don’t want him living there. Is there any way I can force him to move out before we are divorced?

352

Article

Who inherits the estate - the new wife or the ex?

16 October 2019

My husband has just passed away. We were married in community of property. It has however now transpired that his... will still determines that his ex-wife is the sole heir of his estate. Where does this leave me, and does she have a right to his whole estate?

353

Article