The Divorce Act and Pension Funds
Section 7(7)(a) of the Divorce Act of 1979 deals with a spouse’s pension interest. Before this amendment, a spouse’s pension interest didn’t form part of determining the estate’s value in a divorce. So, for example, if your spouse had R2 million in a pension fund, a divorce settlement didn’t need to include this when valuing the assets to be split – whether you’re married in community of property or subject to the accrual system. The Section 7(7)(a) amendment changed all of this, deeming the value of your pension to be part of your asset calculation along with the balance of your assets.....
Read MoreRule 43: Paying Interim Maintenance During a Divorce
When a marriage disintegrates, the spouse who has been the homemaker and caregiver often finds themself without a source of income. Statistically speaking this is usually the wife and they then have to try and provide for their own financial needs, as well as those of any children from the marriage. The Supreme Court Act 59 of 1959 contains certain rules governing this issue. One of these is Rule 43, which applies when a couple are divorcing and a spouse requires interim maintenance. This may be for herself or himself and/or any children born during the marriage. This maintenance covers the...
Read MoreChild Nesting: How it Can Lessen the Negative Effects of Divorce
I recently attended a presentation advising parents who are parting ways on how to lessen the negative effects of divorce on their children. The main message Lynette Roux of the South Africa Association of Mediators passed on, was that children, particularly younger ones, need regular contact with both parents. In fact the ideal situation for the custody of children is for them to have short periods of contact with each parent every day. Inevitably though, the reality very often doesn’t accommodate this “ideal solution” suggested. Many divorcing parents are unable to make regular contact due...
Read MoreDo Grandparents Have Automatic Rights To Their Grandchildren?
What happens when conflicts occur in families and grandparents are left out in the cold and denied contact with their grandchildren? In the case of divorce, death or other relationship breakdowns, do grandparents have an automatic right to a relationship with their grandchildren, or is this the parents’ decision to make? In short the answer is no – grandparents don’t have automatic rights to their children . However in terms of sections 23 and 24 of The Children’s Act 38 of 2005, they may approach a court having jurisdiction and request contact with their grandchild – or to have...
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