Tag: Divorce

Couples who sign antenuptial contracts often believe they have permanently settled the question of money in their marriage. What is mine stays mine. What is yours stays yours.
Not so fast. The Constitutional Court recently expanded access to redistribution orders for spouses married out of community of property without accrual, particularly where strict enforcement of an antenuptial contract would produce unfair financial consequences at divorce. A 2025 KwaZulu-Natal High Court judgment shows what the redistribution remedy can deliver in practice.

Article courtesy of Law Dot News | Family Law - Three-Pot System Divorce and the New Three-Pot System “Divorce is the one human tragedy that reduces everything to cash.” (Rita Mae Brown) How will the new “Three-Pot Retirement System” (often referred to as a “Two-Pot System”) affect financial arrangements on divorce? Retirement savings can amount to a significant portion ofRead more

Article courtesy of Law Dot News | Divorce & Wills Divorce: Remember to Review Your Will! “It has long been a foundational principle of our common law and the legislation that has governed the law of testamentary succession that a will, properly executed, is the document that authoritatively reflects the genuine and voluntary dispositions of a testatrix.” (Extract from judgmentRead more

Article courtesy of Law Dot News | Family Law - Divorce Assets New Ruling on Divorce Assets: How Does it Affect You? “…the inequality at hand is caused when, after the conclusion of the marriage, a distortion is caused by the fact that one spouse contributes directly or indirectly to the other's maintenance or the increase of the other's estateRead more

Article courtesy of Law Dot News | Family Law Spousal Maintenance After Divorce and the “Clean Break” Principle “The clean break principle after divorce has found resonance with our courts for many years.  The aim of this principle is to ensure that the parties become financially independent of each other as soon as possible after divorce.” (Extract from judgment below)Read more

Article courtesy of Law Dot News – Family Law Divorce Who Gets the House on Divorce? “I am a marvellous housekeeper. Every time I leave a man, I keep his house” (seven-times-divorced actress Zsa Zsa Gabor) Historically 44% of South African marriages have ended in divorce, and there has reportedly been a 20% surge in new divorce applications since lockdown.Read more