Understanding Section 7 of the Divorce Act and Forfeiture of Benefits Claims in South Africa
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.
Divorce: Remember to Review Your Will
In terms of our Wills Act, your ex-spouse is excluded from inheriting under your pre-divorce will for a period of 3 months, unless (a very unlikely scenario) your will makes it clear that you wanted your ex-spouse still to benefit despite the divorce.