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. Whilst this may seem a simple proposition, it has led to...
Read MoreThe 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. Under the Children’s Act, the law prescribes...
Read MoreThe content in this blog is provided for general information purposes only and does not constitute legal or other professional advice. Copyright ©GillianLowndes2013