Understanding Pension Interest Clauses in Divorce Settlements: What You Need to Know
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.
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.
Uncontested divorce: Benefits and disadvantages
An uncontested divorce is a type of divorce where both spouses agree on all the terms of their separation, such as division of property, child custody, spousal support, and so on. An uncontested divorce has many benefits compared to a contested divorce.
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.
Rehabilitative Maintenance
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.
A Step-by-step guide to getting an uncontested divorce
An uncontested divorce is a quick and cost-effective way to dissolve your marriage legally and peacefully. Here is a step-by-step guide to an uncontested divorce.
In which courts can you get divorced if you live in Paarl, Wellington, or Franschhoek?
Find out in which courts you can get divorced if you live in Paarl, Wellington, or Franschhoek.
What is a Rule 43 Application for Interim Maintenance?
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
Practical steps to take before starting the divorce process.
Divorce can be a complicated process that will almost certainly take a financial and emotional toll on all parties involved. The emotional and financial strain of a divorce can be managed if you properly plan for it.