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Divorce and Maintenance

Our family law professionals provide expert services in relation to divorce and maintenance matters, including all aspects of mediation, negotiation, dispute resolution, maintenance court representation and litigation.

Team
Insights

Yasmine Johnson

Director, Litigation

BOOK CONSULTATION PROFILE

Alberton

Send email

08600 181 55

0866 151 171

Eunice Matjeke

Attorney, Litigation, Deceased Estates

BOOK CONSULTATION PROFILE

Alberton

Send email

0860018155

Yasmine Johnson

Director, Litigation

BOOK CONSULTATION PROFILE

Alberton

Send email

08600 181 55

0866 151 171

Eunice Matjeke

Attorney, Litigation, Deceased Estates

BOOK CONSULTATION PROFILE

Alberton

Send email

0860018155

Customary and Civil marriages are equal, says Constitutional Court

28 April 2026

The judgment also clarifies when antenuptial contracts are valid and how marital property regimes can be changed after marriage.

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Article

Redefining ‘I Do’

30 September 2025

South Africa’s new Marriage Bill seeks to unify all marriages under one law with equal recognition for every union.

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Article

From courtroom battles to common ground: Mediation and divorce

01 July 2025

Mediation in divorce is often mistaken for couples therapy, but it’s an alternative form of dispute resolution — helping separating... partners work through the terms of their divorce with the help of an independent third party.

1086

Article

Can you challenge maintenance when you’re in arrears?

03 December 2024

The duty to maintain a child is of utmost importance. But what happens when your financial circumstances change, causing you... to fall behind on maintenance payments? Can you challenge the maintenance order in such a situation?

1036

Article

The Two-Pot Pension System and divorce

03 October 2024

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

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 b

964

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&rsqu

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Article

Spousal Consent: unveiling the challenges in community of property marriages

29 May 2023

When spouses are married in community of property, our law dictates that a spouse requires the consent of the other... spouse when entering into a transaction that affects the joint estate. But what happens when one spouse refuses to provide consent?

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Article

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?

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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?

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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?

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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 th

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Article