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The use of forensic accountants in divorce proceedings

Posted by on Jun 17, 2015

The use of forensic accountants in divorce proceedings

In every divorce matter whether it is resolved by mediation, litigation or an alternative dispute resolution method, it is always necessary to calculate the value of each divorcing spouses’ estate (or their joint estate) and the spouses’ monthly income and expenditure prior to divorce. Whilst this at first glance may seem a relatively simple exercise, there are a number of factors which can and do complicate the situation. Divorces tend to bring out the worst in people – even people who are ordinarily fair minded are often affected by the emotions that accompany a divorce – and the honest...

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Understanding legal grounds for divorce

Posted by on Oct 13, 2014

Understanding legal grounds for divorce

Before 1979, the grounds for divorce in South Africa included adultery, malicious desertion, incurable mental illness and imprisonment for at least five years of a spouse who was a habitual criminal. Essentially, this meant that in divorce there was always an innocent and a guilty party. Then, in 1979, the Divorce Act was introduced. This redefined the grounds for divorce to include the irretrievable breakdown of a marriage, mental illness or the continuous unconsciousness of a party to the marriage. Many people heading for the divorce courts wrongly think that if their spouse has committed...

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Collaborative divorce – A new way of thinking

Posted by on Oct 13, 2014

Collaborative divorce – A new way of thinking

Divorce proceedings are often seen as being very litigious and aggressive. However, legal, health and financial practitioners can now offer couples alternative methods to work out divorce agreements in a way that gives them more control and input. Collaborative divorce is one of the options to achieve this. Collaborative divorce is a process that has gained traction in many countries, especially in the United States and Canada. Essentially, and similarly to mediation, it is a process that attempts to minimize conflict between divorcing parties and to make sure, wherever possible, that...

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Immigration and relocation: What are your rights?

Posted by on Jul 4, 2014

Immigration and relocation: What are your rights?

The news that your former spouse intends to emigrate, taking your children with them, is devastating. What are your rights in this difficult situation? In South Africa, all legislation related to the contact you, as a divorced parent, enjoy with your child (previously known as ‘access’) is contained in the Children’s Act of 2005. It outlines all your responsibilities in terms of caring for your child, having contact with them, maintenance and guardianship. An outstanding feature of this act is that it has been carefully formulated to look at these issues from the child’s point of view. In...

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Rule 34 and Divorce Settlement Gridlock

Posted by on Apr 17, 2014

Rule 34 and Divorce Settlement Gridlock

One of the better ways of resolving a divorce is through a negotiated settlement agreement. Simply put, this involves the clients and their attorneys sitting down and trying to reach agreement on the various issues in dispute. These disputed issues usually revolve around who gets what, as well as around contact, residency and cost issues relating to childen born from the marriage. During the divorce settlement process, there may be a situation where one person (known as the plaintiff) refuses to accept a settlement offer made by the other person (known as the defendant). The person who...

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“Will you marry me”

Posted by on Mar 20, 2014

“Will you marry me”

The common law of a country is the law which is created over time by custom (i.e. the behaviour and norms of society) and judicial precedent (the decisions of the courts). The common law of South Africa has historically recognised a claim for breach of promise in situations where an engagement is broken off. This claim would comprise two parts: a damages claim for the embarrassment caused by the break off of the engagement; and a claim for the financial loss which the other party may have suffered as a result of the break off of the engagement. Common law, being inextricably linked to...

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