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Filter: Divorce
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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712
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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719
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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778
Article
Ilze Strydom on MedFM: maintenance

05 December 2018,  Ilze Strydom

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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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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Article
Pension interest and divorce

14 December 2016,  Ilze Strydom

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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Article
Divorcing a spouse living abroad

08 March 2016,  Ilze Strydom

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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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
Getting married in another country? Be wary of the fineprint!

07 May 2015

As the world gets smaller and smaller, an ‘international wedding’ becomes a greater reality for many couples - from the... beach wedding in Mauritius to the castle wedding in Ireland or the Tuscan wedding in Italy. This international marriage or ‘traveller’s marriage’ may seem romantic, but can quickly turn sour when questions regarding the matrimonial property regime of the parties are raised at divorce or death of a party. Which legal regime governs the marriage: the country where they where married, the home country of a spouse, or the country in which the couple reside? Left in the air, the romantic traveller’s marriage could very well turn into a wearisome ball and chain!

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Article
Does a child have a voice in its parents’ legal battle?

14 April 2015

It is often said “parents know best” - but when parents become embroiled in litigation against each other and children... are involved, it can become very difficult for them to set their own interests aside and allow the interests of the child to take preference over their own. This also raises the question of whether a child involved in such a situation, has a voice and a say in decisions being made.  

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Article
Claiming maintenance? What you need to know!

06 March 2014

Biological parents as well as the legal guardian of a child have a legal obligation to pay maintenance, in other... words to support the child financially. This obligation includes contributions towards paying for food, clothing, accommodation, medical care and education.

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Article

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