MARRIAGES SUBJECT TO THE ACCRUAL SYSTEM: WHEN TO DETERMINE THE VALUE OF THE ESTATES

In South Africa marriages out of community of property are automatically subjected to the operation of the Accrual System, unless the parties include a specific clause in their Ante-Nuptial excluding the operation of the system. The operation of the Accrual … Continue reading

Adultery – Can an aggrieved spouse claim damages?

The decision in Vivian v Kilian 1927 AD 449 resulted in South African courts recognising that a person has a claim for damages against a third party who had engaged in adulterous behavior with that person’s spouse. The grounds upon … Continue reading

DIVORCE – A LEGAL PROSPECT

If you are reading this article the likelihood is that you are, or know someone who is, either considering divorce, instituting divorce proceedings or is currently engaged in divorce proceedings. Some psychologists have noted that the emotional process of a … Continue reading

Pension benefits and Divorce – K v K and Another – a critique

In K v K and Another [2013] JOL 30037 (WCC), the Appellant and the Respondent were married in community of property during 1978 and divorced on 08 September 2005. In terms of the Divorce Order the joint estate was to … Continue reading