Introduction Spousal maintenance is a critical aspect of divorce settlements, particularly in late-in-life divorces. As individuals approach retirement or are already retired, their earning potential may be limited, and the financial dependence on a spouse can be...
Explore the critical role of Rule 43 in South African family law, providing interim relief in matrimonial disputes. Discover how courts balance support needs with fairness and protect children’s welfare during divorce proceedings.
Explore the enforceability of settlement agreements through the Free State High Court’s decision in Lequbu Specialised Services (Pty) Ltd v Matjhabeng Local Municipality. Understand the legal implications and the significance of upholding settlement agreements in South …
Learn how M.W.H v N.E.H & Another addressed the legal considerations of transferring pension interests to fulfil a settlement agreement. Tax deductions & more.
In the Limpopo High Court case M.F.B v J.B (5674/2016) decided on 24 January 2024, the issue of forfeiture of patrimonial benefits was a central point of contention. This case highlights the complexities involved in divorce proceedings, particularly concerning the divis…
This case highlights the judicial approach in balancing the rights of both parents, focusing on the child’s welfare and best interests as per South African law. Gain insights into the factors influencing court decisions in international relocation cases, the role of fin…
Divorce matters, when opposed, take a very long time to run their course through the justice system. Litigants invariably become eager to fast-track the process by any means necessary. Unfortunately, in the context of divorce matters, no matter how good your legal...
Understanding the complexities of divorce, particularly in relation to asset division, can be complex, with a significant focus on the rights to pension benefits. These benefits are considered assets during a divorce and are often a point of contention due to...
In the realm of matrimonial law, the case of J.E.R (Nee O) v B.E.S case (A16/2023; 15871/16) [2023] ZAWCHC 291 emerges as a defining judgment. On November 20th, 2023, the Western Cape High Court delivered a decision that clarifies the application of Section 7(2) of...
