Section 7 of the Divorce Act 70 of 1979 deals with the division of assets and spousal maintenance upon divorce in South Africa. This section outlines how courts can order the division of a couple’s estate and determine if maintenance should be paid by one spouse to the other. Below is a breakdown of the … Read more
In South Africa, spousal maintenance (also known as alimony) is not automatic after a divorce, and the court has discretion to decide whether one spouse should provide financial support to the other. Here are 7 quick facts about spousal maintenance after divorce in South Africa: 1. Legal Framework The Divorce Act 70 of 1979 governs … Read more
Hiding assets during a divorce in South Africa is a serious offense with significant legal consequences. The courts aim to ensure a fair division of the matrimonial estate, and dishonesty can lead to severe penalties for the offending spouse. Practical Example of a Penalty for Hiding Assets in Divorce: Scenario:John and Mary are married in … Read more
The cost of a divorce in South Africa can vary significantly depending on whether the divorce is uncontested or contested. Here’s a breakdown of the typical costs: 1. Uncontested Divorce An uncontested divorce is the most affordable option since both parties agree on the terms, such as division of assets, child custody, and maintenance. 2. … Read more
In South Africa, registering a divorce with the Department of Home Affairs is an important step after the divorce has been finalised in court. Here’s how you can do it: Steps to Register a Divorce at Home Affairs: Why It’s Important to Register Your Divorce: For more information or to locate the nearest Home Affairs … Read more
In South Africa, when you receive a divorce pension payout, it’s important to understand the tax implications. According to the Pension Funds Act and the Income Tax Act, divorce settlements involving pension funds are subject to taxation, but the tax burden falls on the recipient of the pension payout, not the member of the pension … Read more
A divorce settlement agreement in South Africa is a legally binding document that outlines the terms agreed upon by both parties regarding the division of assets, child custody, maintenance, and other relevant matters. Below is an example of a typical divorce settlement agreement to give you an idea of its structure: Divorce Settlement Agreement Example … Read more
In South Africa, the length of time it takes to finalise a divorce largely depends on whether it is uncontested or contested. Uncontested Divorce An uncontested divorce is the fastest and simplest type of divorce. This occurs when both parties agree on all the terms, such as division of assets, custody, and maintenance. Contested Divorce … Read more
In South Africa, the Divorce Act 70 of 1979 outlines the valid reasons for filing for divorce. A divorce can be granted if the marriage has irretrievably broken down or in specific circumstances where the marriage cannot be continued. Below are the valid reasons: 1. Irretrievable Breakdown of the Marriage This is the most common … Read more
When filing for a divorce in South Africa, several important divorce papers need to be submitted to the court. These documents help initiate the legal process, whether it’s an uncontested or contested divorce. Here’s a list of the key documents required: 1. Summons The Summons is the first document you need to complete. This is … Read more