Home
/
Our Expertise
/
Expertise Detail
/
Home
/
Home
|
Login
Our Team
Our Expertise
Our Insights
BOOK CONSULTATION
SUBSCRIBE
Our Team
Our Expertise
Our Insights
Family Law
Our family law department provides expert services in relation to divorce and maintenance matters, including all aspects of mediation, negotiation, dispute resolution, maintenance court representation and litigation.
Team
Insights
When a spouse hides assets away in a trust…
15 January 2024
In a divorce, it may transpire that one spouse has during the marriage transferred assets to a trust. This raises
...
the question of whether such trust assets are excluded from the calculation of accrual where the parties are married out of community with the accrual system. In this article, we take a look at what has been termed ‘alter ego&rsqu
show more
READ MORE
55
Article
Spousal Consent: unveiling the challenges in community of property marriages
29 May 2023
When spouses are married in community of property, our law dictates that a spouse requires the consent of the other
...
spouse when entering into a transaction that affects the joint estate. But what happens when one spouse refuses to provide consent?
show more
READ MORE
185
Article
Can you stop your spouse from sharing in your pension fund after divorce?
28 March 2023
Can a spouse married in community of property at divorce claim that the other spouse forfeits their right to share
...
in their pension?
show more
READ MORE
250
Article
Is an agreement between spouses contrary to the ANC valid?
10 January 2023
Can spouses conclude an agreement which is contrary to their antenuptial contract and which is valid and enforceable?
READ MORE
414
Article
Can you claim maintenance for your adult children?
15 September 2022
It has been a well held view in our law that a parent cannot claim maintenance for an adult dependent
...
child from their divorced spouse. But is this still the case or has a recent Supreme Court of Appeal finding changed the position?
show more
READ MORE
291
Article
Will trust assets form part of your estate at divorce?
15 September 2022
Just before a couple married with the accrual system finalised their divorce, the husband created a trust and transferred money
...
and property to the trust. The result is the husband’s estate is considerably reduced when it comes to the accrual calculation. Is this acceptable and does it mean his estate is reduced, or can his wife claim that th
show more
READ MORE
400
Article
When a spouse hides assets away in a trust…
15 January 2024
In a divorce, it may transpire that one spouse has during the marriage transferred assets to a trust. This raises
...
the question of whether such trust assets are excluded from the calculation of accrual where the parties are married out of community with the accrual system. In this article, we take a look at what has been termed ‘alter ego’ trusts and how our courts treat these when it comes to divorce proceedings.
show more
READ MORE
55
Article
Spousal Consent: unveiling the challenges in community of property marriages
29 May 2023
When spouses are married in community of property, our law dictates that a spouse requires the consent of the other
...
spouse when entering into a transaction that affects the joint estate. But what happens when one spouse refuses to provide consent?
show more
READ MORE
185
Article
Can you stop your spouse from sharing in your pension fund after divorce?
29 March 2023
Can a spouse married in community of property at divorce claim that the other spouse forfeits their right to share
...
in their pension?
show more
READ MORE
250
Article
Is an agreement between spouses contrary to the ANC valid?
10 January 2023
Can spouses conclude an agreement which is contrary to their antenuptial contract and which is valid and enforceable?
READ MORE
414
Article
Can you claim maintenance for your adult children?
15 September 2022
It has been a well held view in our law that a parent cannot claim maintenance for an adult dependent
...
child from their divorced spouse. But is this still the case or has a recent Supreme Court of Appeal finding changed the position?
show more
READ MORE
291
Article
Will trust assets form part of your estate at divorce?
15 September 2022
Just before a couple married with the accrual system finalised their divorce, the husband created a trust and transferred money
...
and property to the trust. The result is the husband’s estate is considerably reduced when it comes to the accrual calculation. Is this acceptable and does it mean his estate is reduced, or can his wife claim that these assets transferred to a separate trust be included in the calculation?
show more
READ MORE
400
Article
You can share this article in the following networks:
Offices
+27 11 970 1203
Back to top