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Filter: Divorce
The Two-Pot Pension System and divorce

03 October 2024,  Chang-Lin Dirks

The new Pension Funds Amendment Act 31 of 2024 (“PFAA”) that was recently signed into law not only introduces far-reaching... consequences in respect of pension funds but also impacts the position of pension interest and divorce. In this article, we look at some of the key impact areas of the PFAA in respect of divorce. 

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Article
Mediation – a go-to option for divorcing couples

27 June 2024,  Chang-Lin Dirks

At the heart of divorce proceedings, lies an intense personal battle between spouses. Enter mediation as a growing alternative dispute... resolution mechanism aiming to preserve relationships and protect the psychological and emotional well-being of children and adults by avoiding drawn-out and combative court proceedings. In this article, we take a brief look at mediation as a go-to option for divorcing couples in South Africa.

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752
Article
Legal change: South Africa recognises Muslim marriages

29 May 2024,  Zelnè du Toit

The non-recognition of Muslim marriages, which have not been registered as civil marriages, was deemed unconstitutional. 

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1826
Article
When a spouse hides assets away in a trust…

15 January 2024

In a divorce, it may transpire that one spouse has during the marriage transferred assets to a trust. This raises... the question of whether such trust assets are excluded from the calculation of accrual where the parties are married out of community with the accrual system. In this article, we take a look at what has been termed ‘alter ego’ trusts and how our courts treat these when it comes to divorce proceedings.

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Article
COVID-19 in South Africa: will the national lockdown affect my right to see my children?

01 April 2020

I am a divorced father of three minor children. Our children live with their mother primarily and our divorce order... states that I will have them with me for half of every school holiday and on every second weekend. Does this still apply during the national lockdown?

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1248
Article
Chris-Meri Lillie on MedFM: interim maintenance orders

22 February 2019

On MedFm 104.1 Chris-Meri Lillie, your personal family law advisor, recently discussed interim maintenance orders and other legal steps that... can be taken while divorce proceedings have not yet been finalised. 

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Article
Chris-Meri Lillie on MedFM: contact arrangements

10 December 2018

On MedFm 104.1 Chris-Meri Lillie, your personal family law advisor, recently discussed contact arrangements over the December holidays between parents... who share rights and responsibilities in respect of their children – and what to do if these arrangements go south.

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1192
Article
Ilze Strydom on MedFM: maintenance

05 December 2018

On MedFM 104.1, Ilze Strydom, your personal family law advisor, recently discussed the tricky issue of maintenance - and what... can be done if this duty is not fulfilled.

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1597
Article
Family Law specialist Ilze Strydom featured in Get It magazine

31 July 2018

In honour of Women's Month, director Ilze Strydom, the woman heading up our specialist Family Law department, is featured in... the August issue of Get It Bloemfontein magazine.

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1392
Article
Pension interest and divorce

14 December 2016

I’ve been married for 20 years, but my marriage is in trouble and I’m facing the very real possibility that... I may get divorced soon. My husband has a good pension that we’ve planned to use for our retirement, and I am worried that I will not be entitled to any share of that should we get divorced because we are married out of community of property with the accrual? Will this be the case?

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1217
Article
Divorcing a spouse living abroad

08 March 2016

My husband and I have been married for more than 10 years. Our marriage has deteriorated over the last few... years with my husband living abroad for more than two years now. I believe the time has come that we get divorced and continue with our lives separately, but I’m worried about how this will work with him not living in South Africa anymore?

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1078
Article
The abuse of trusts in case of divorce: know your rights!

15 June 2015,  Danie le Roux

Trusts are more and more being actively used for estate planning purposes, but the percentage of divorces are also increasing... annually. Protect yourself by being wary of the abuse of discretionary trusts in divorces and by analysing your position and acting as quickly as possible - before it is too late....

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Article

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