Forfeiture of the benefits of a marriage

Our law allows a court to make an order that one party may forfeit the patrimonial benefits of a marriage. Section 9 of the Divorce Act 70 of 1979 provides: Forfeiture of patrimonial benefits of marriage (1)      When a decree of divorce is granted on the ground of the irretrievable breakdown of a marriage… Continue Reading


IS AN ALLEGATION OF ADULTERY A BASIS TO CLAIM A FORFEITURE OF THE PATRIMONIAL BENEFITS OF A MARRIAGE? By Sasha Goldstein Lately, it seems that infidelity and adultery are other viruses plaguing South Africa, which family lawyers must resolve. So often, a party in a divorce is so aggrieved and upset by their spouse’s behaviour… Continue Reading


Source: Allen West TONKIN CLACEY PRETORIA 012 346 1278 More often than not a woman, when marrying, either retains her maiden name, assumes her husband’s surname or changes her surname to a double-barrel surname (now very popular).  Similarly, on divorce, a woman either reverts to her maiden surname, retains her married name or changes her… Continue Reading

POPIA Has Finally Arrived

Stay ahead of the curve and join Michalsons’ data protection programme today! The Protection of Personal Information Act, 2013 (the “POPIA”) became effective on 1 July except for certain provisions that only come into force on 30 June 2021 that allow for operational readiness of the Information Regulator who polices compliance. There will be a… Continue Reading

Must divorcing parties attempt to mediate their dispute?

Mediation as a Dispute Resolution Mechanism Mediation assists both parties in working out arrangements for themselves and their children instead of handing over control of their affairs to a court. The process reduces conflict by helping couples consider the issues that need to be settled and the various options for settlement that may be available… Continue Reading

Coping with Anger

I’m Always Angry. How to Stop Being So Angry All the Time One of the causes of divorce is uncontrolled anger on the part of the husband or wife. Here are useful tips to contain and control the anger and save the marriage. For more on Managing Anger and Emotions during Pregnancy see <> Source:… Continue Reading

South African Law Blogs

South African Law Blogs
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