Article archive

Make your child (ren) feel more secure during and after divorce.

13/09/2017 12:26
  Of all the parties involved, divorce seems to hit children the hardest. Everything in their world changes. Most often children take on the blame for the divorce. They also develop this fear that one of their parents will fall away and sometimes the parent they stay with,...

Plan your weekends

13/09/2017 11:09
Kids spell love like this: TIME!   So if you are now going to spend half the time with your kids compared to in a marriage best you make the most of it. It is the easy route to let the kids do what they want when they are with you but it won’t really yield great teenagers or...

Divorce Pension Claim - Understand this!

13/09/2017 10:34
When doing your accrual calculation, spouses married ANC with accrual or married in community of property will have to divide their estate in equal shares. However the divorce act does not stipulate is which assets have to be divided as long as each spouse gets their 50% share. You can therefore...

Government Employees Pension Fund and the clean break principal.

13/09/2017 07:42
The Government Employees Pension Fund (GEPF) has introduced a rule amendment to their fund introducing the clean break principle on 1 April 2012. The rule amendment has enabled a non-member spouse to receive their portion of the pension interest, as per the court’s decision, in cash or allows...

Property the right questions to ask?

11/09/2017 20:24
“Price growth in the South African housing market slowed down further in July 2013, according to the Absa House Price Index report, which shows that middle-segment house price growth recorded nominal growth of 9.8 percent year-on-year (y/y) in July from 10.8 percent y/y in June.” Or “Over the last...

Valid Divorce Pension Claims

10/09/2017 18:45
Correct wording in your divorce order will result in a valid claim against your ex-spouse's retirement funds: You can claim against your spouse’s retirement funds as long as you name them correctly, There a few retirement vehicles that you can claim against: Pension Fund Provident...

Co-habitation can you claim?

04/09/2017 16:16
Divorce and Pension Fund Benefit.   You are entitled to your share of the value of your spouse's Pension / Provident Funds, Retirement Annuity and or Preservation Funds if you are married Ante Nuptial Contract (ANC ) with accrual. Once you have done your accrual calculation and have agreed to...

Correct Wording in your Divorce Order

27/08/2017 00:00
Suggested Wording: It is ordered that the  Defendant's Members Pension Interest held at the Government Employees Pension Fund be endorsed by the administrators of such Pension Fund or its successor in title to the effect that the court has ordered a division of the joint estate subsisting...

RECOGNITION OF CUSTOMARY MARRIAGES IN SOUTH AFRICA

14/06/2017 19:07
It may come as a surprise to know that before 15 November 2000 customary marriages were not seen as legal marriages in South Africa  So while all the ululating, delicious traditional food and exquisite tribal dresses were cause for celebration, the bottom line, until 15 November 2000 anyway,...

Transfer of Property with Divorce

24/05/2017 08:23
  NO TRANSFER DUTY PAYABLE ON TRANSFERS OF PROPERTY ARISING FROM DIVORCE TO ONE OF THE DIVORCED SPOUSES   According to clause 16 of the Business Tax Amnesty and Amendment of Taxation Laws Act No.9 of 2006 a divorced spouse will not have to pay transfer duty on the acquired share of...
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