When a couple divorces, the non-member spouse (the spouse not belonging to the retirement fund) may claim a portion of the member spouse's pension interest. This claim can be made in a divorce settlement agreement, which is then made an order of the court.

One key legal provision that governs these financial matters in South Africa is Section 7 of the Divorce Act 70 of 1979. This section lays out the framework for determining how assets are divided upon divorce. An important aspect of this is the potential for a spouse to claim forfeiture of benefits.

In this post, we will unpack how Section 7 of the Divorce Act operates and explain what a forfeiture claim entails.

Rehabilitative maintenance is a type of spousal maintenance that is awarded for a limited period of time after a divorce, usually to enable the dependent spouse to become financially independent by acquiring new skills, education or employment.

Find out in which courts you can get divorced if you live in Paarl, Wellington, or Franschhoek.

A Rule 43 application is an application that can be made by either spouse in a pending matrimonial action (i.e., a divorce) to seek one or more of the following orders from the court: Maintenance pendente lite, a contribution to legal costs; and contact with a minor child