Marriage Finances 101: Approach getting married with a view to divorce
There are countless TV shows and bubbly pop songs which elevate and celebrate the magic of the marriage ceremony…the dress, the cake and the goodwill which accompany the manner in which young couples enter the lofty realm of matrimony.
Far less attention, however, is paid to the important decision which should precede your guest lists and seating arrangements: the decision as to which matrimonial property regime you’d like to govern your marriage relationship. (more…)
Divorce Settlement Agreements: Protecting Pension Funds
While divorce settlement agreements are sticky at best, and horrifically complicated at worst, understanding your rights to certain assets during the divorce procedure is critical. One of the most important assets to consider are pension funds – the loss of which can leave either party extremely vulnerable.
The pension interest of a party is deemed to be part of his or her assets, in the determination of patrimonial benefits to which the parties to a divorce action may be entitled – as is stated in section 7(7) of the Divorce Act. (more…)
Tackling the Wrongful Removal of Children in Divorce
As a result of a number of factors, the wrongful removal of children in divorce or separation by SA by parents is a major issue – and one that needs to be tackled. These factors include skyrocketing divorce rates; parents electing to live and work overseas; and people employing self-help methods to move without the consent of the other parent or court sanctions. (more…)
Mediation in Family Law
South Africa is populated, in the main, by citizens with limited resources. In a situation where a family related dispute arises between parties, the only way in which such disputes can be resolved is currently in a court (although this is changing). This entails the employment of family law attorneys, counsel, the incurring of huge costs and an intricate and formal process which can take an inordinately long time. (more…)
The Children’s Act
Safeguarding Children’s Rights Through Divorce – by Gillian Lowndes, attorney specialising in family law
In the South African Constitution, the Children’s Act of 2005, entrenches children’s rights to family or parental care, and also ensures that a child’s best interests are of paramount importance. Consequently, parents have a statutory duty to ensure that, in concluding parenting plans around an impending divorce, their children’s best wishes are treated as being of the utmost importance and central to all issues pertaining to their parenting. (more…)
The content in this blog is provided for general information purposes only and does not constitute legal or other professional advice. Copyright ©GillianLowndes2013