Divorce law

Gender conundrum regarding s 7(3) of the Divorce Act

I read Alick Costa’s (the author’s) article titled ‘Are women still disadvantaged when it comes to s 7(3)(a) of the Divorce Act?’ (2023) May DR 26, where he responded to […]

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Forfeiture counterclaim unsuccessful as husband fails to establish specific benefits

PMM v TNM and Others (FB) (unreported case no 282/2021, 22-6-2023) (Loubser J) The Free State Division of the High Court in Bloemfontein in the PMM v TNM case had […]

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Pension interest in divorce: is it time to reform s 7 of the Divorce Act?

CNN v NN [2023] 2 All SA 365 (GJ) Usually when parties divorce, a decree of divorce will indicate that the divorcing parties have agreed or been ordered to divide […]

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An exploration of s 7(7) and 7(8) of the Divorce Act 70 of 1979: Towards a legislative reform

CNN v NN [2023] JOL 58028 (GJ)   By Mukwevho Donald   Section 7(8) of the Divorce Act 70 of 1979 provides that the court, when making an order pertaining […]

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Are women still disadvantaged when it comes to s 7(3)(a) of the Divorce Act?

This article is a response to the article by the legal practitioner and Associate Professor Clement Marumoagae (the author) titled ‘Is the divorce court’s discretion to transfer assets as per […]

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Husband forfeits the patrimonial benefits of the accrual system after showing no regard for his role as a husband

M v M (GP) (unreported case no 56859/2021; 26859/2021, 21-2-2023) (Swanepoel J) In a case of M v M, the Gauteng Division of the High Court in Pretoria looked at […]

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Finding clarity on the division of living annuities during divorce

The South African law relating to the status of living annuities when spouses are divorcing is not entirely clear. Unfortunately, neither the legislature nor the courts have provided the much […]

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The court’s discretionary power to award rehabilitative maintenance

In South Africa (SA), there is no law that mandates that spousal maintenance must be ordered when parties divorce. It should also be noted that neither spouse has a right […]

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