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
FORFEITURE OF THE PATRIMONIAL BENEFITS OF A MARRIAGE
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
Divorce mediation as an alternative to litigation
Divorce mediation is an alternative dispute resolution process that Kansas couples may use to settle differences on specific issues in a divorce. Spouses may decide on their own to try mediation, or a judge can order mediation in a divorce case. Before you consider or begin mediation, you should have an understanding of how it… Continue Reading
The transfer of immovable property after a divorce
When does one become the owner of a fixed property in terms of a divorce settlement agreement? For example, the settlement agreement may provide that within seven days of the grant of a decree of divorce Mr Jones shall cause his half share of 123 -1st Ave, Orange Grove to be transferred to Mrs Jones.… Continue Reading
WOMEN AND THEIR RIGHT TO ELECT A SURNAME
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
Issues to consider when contemplating a divorce in South Africa
Author: Sasha Goldstein Deciding to issue divorce proceedings against your spouse is a difficult and emotional decision. Many clients are in the dark as to what needs to be considered when deciding to proceed with a divorce. Below are a few of the main issues to be considered and the most common points of contention… 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 <https://momlovesbest.com/pregnancy/maternity-health/anger-during-pregnancy/> Source:… Continue Reading
The Divorce Process
The divorce process – what is entailed Source: https://www.westerncape.gov.za/service/getting-divorced/ A married couple can end their marriage through divorce. The process of the divorce depends on the type of marriage: Civil marriages are dissolved according to the rules in the Divorce Act. Marriages in terms of African Customary Law are dissolved according to the civil law but some of… Continue Reading
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