CONCOURT DECLARES SECTION OF THE DIVORCE ACT UNCONSTITUTIONAL

Ordinarily, an individual married out of community of property without accrual can’t claim from their spouse’s estate if they divorce. Bernadette Wicks | 10 October 2023 15:53 JOHANNESBURG – The Constitutional Court has declared as unconstitutional a section of the Divorce Act. This has left many stay-at-home wives at risk of financial ruin …

New divorce ruling could affect prenups in South Africa

  The Supreme Court of Appeal (SCA) says separate agreements from an antenuptial contract – or prenup – are valid and enforceable. A prenup governs the matrimonial property system between two spouses and is entered into before a marriage concludes. However, there was recent confusion regarding the validity of separate …

New case deals with how assets held by a trust are handled during divorce

The Supreme Court of Appeal (SCA) handed down its Judgment in an accrual calculation dispute during a divorce, ruling that the trust assets would form part of the couple’s estate for accrual purposes. However, this decision depends on the time at which the trust was created and the circumstances surrounding …

The Divorce Process in South Africa

The divorce process in South Africa is straightforward, yet the financial and emotional consequences can be profound, especially since most divorces are normally lodged in the High Court. The other harsh reality is that the High Courts in South Africa have overly burdened court rolls, and parties normally have to …

Overlooked? What are grandparent’s rights and responsibilities after a death or divorce?

When couples with children divorce, there is understandably a focus on the arrangements made for the children. A lot of time and effort is spent ensuring a fair division of care and contact between the parents. Unfortunately, the rights of grandparents are often overlooked. Despite being intimately involved in their grandchildren’s lives and upbringing and often …

5 Things Not to Post on Social Media During a Divorce

Posting about your personal life on social media is a risky move. But during a legal situation like a divorce, it’s in extremely poor taste and could further complicate your circumstances. Here are five examples of what not to post to Facebook, Twitter, Instagram, or LinkedIn during your divorce. 1. …