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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

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

719

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?

442

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?

1082

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?

1187

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?

504

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

771

Article

Employed learnerships - a silver bullet for your skills development spend!

15 September 2022

For most businesses the skills development element is not only a big headache but one of the most costly components... of their BEE scorecard. An option to reduce some of this cost is employed learnerships, but some key success factors should be kept in mind.

510

Article

Can the proceeds of a sale of property be used to settle arrear maintenance?

19 May 2022

Maintenance is an emotive issue for many South Africans. On the one hand there is the need of the primary... caregiver for the financial assistance maintenance provides, and on the other the financial issues of the spouse required to pay maintenance. So how far does the obligation to pay maintenance stretch and can a spouse even lay claim to the proce

450

Article

Appeal Court settles debate on when you can claim arrear maintenance

13 April 2022

A friend of yours has been divorced for a few years now. Her ex was supposed to pay maintenance, but... it wasn’t long before he started paying less and less and then eventually stopped. Your friend was just too fearful of conflict to do anything about it and continued to raise her kids by herself. Now however, money is tight and she is wonderin

371

Article

Can you sequestrate an ex-spouse for failing to pay maintenance?

14 September 2021

My ex-husband is required to pay maintenance every month in terms of our divorce settlement. He has stopped paying, saying... he can’t afford it anymore and is now considerably in arrears. I know he has a lot of financial assets that can cover what he owes me, but he just says he can’t liquidate those now as he will lose money. Can I have

339

Article

Further levelling of the playing field with the new Recognition of Customary Marriages Amendment Act

14 July 2021

My mother is a black woman who has been married since the early 1970’s to my father in accordance with... customary law. They have never concluded a civil marriage, and my mother has also been our home provider while my father worked. Their marriage has become strained over the last couple of years, and I’m worried about my mother, should

332

Article

When do maintenance obligations prescribe?

20 May 2021

My ex-husband has for some time now not paid his maintenance as per the court order. Because I had a... job and was earning a basic income, I just left it as I didn’t want the hassle of trying to get him to pay. Now I’ve been retrenched and have asked him to pay his outstanding maintenance, but he refuses and says his attorney told him tha

297

Article

When a spouse hides assets away in a trust…

15 January 2024

719

Article

Spousal Consent: unveiling the challenges in community of property marriages

29 May 2023

442

Article

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

29 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?

1082

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?

1187

Article

Can you claim maintenance for your adult children?

15 September 2022

504

Article

Will trust assets form part of your estate at divorce?

15 September 2022

771

Article

Can the proceeds of a sale of property be used to settle arrear maintenance?

19 May 2022

450

Article

Appeal Court settles debate on when you can claim arrear maintenance

13 April 2022

371

Article

Can you sequestrate an ex-spouse for failing to pay maintenance?

14 September 2021

339

Article

Further levelling of the playing field with the new Recognition of Customary Marriages Amendment Act

14 July 2021

332

Article

When do maintenance obligations prescribe?

20 May 2021

297

Article

Who can inherit from a child’s estate?

10 February 2021

I have a friend who has been looking after her grandson since birth when her daughter just walked out on... the child after he was born with deformities. My friend managed to obtain a settlement with the hospital for negligence during the birth and now takes care of the child using the money from the settlement. The child is very sick and may not have much time left with the biological mother suddenly making an appearance to try and claim the remainder of the settlement money. Surely my friend is entitled to the money having taken care of the child all her life? What is the position in law?

439

Article