Sometimes, married couples drift apart without ever getting a divorce. It occasionally happens that neither spouse takes any active steps to initiate the process and they simply lead separate lives until one of them starts thinking about marrying again and realises that there is some paperwork to be done.
One of the ways of resolving a divorce is through the negotiation of a settlement agreement. This involves the clients and their attorneys sitting down and trying to reach agreement on the various issues in dispute. These disputed issues usually revolve around who gets what, as well as around
There are essentially three types of divorce in South Africa. The types of divorce procedure profoundly affect the practical matters of: Divorce is one of the most powerfully stressful experiences that humans can experience. It has a profound impact on the mental, emotional and physical and physiological well-being of
Money is a huge factor in life and especially in marriage, it is one of the most common reasons for divorce or for issues in marriage, which most of the time could be avoided if it had been dealt with better or if the other spouse had been more
Divorce is one of the most traumatic events a person can go through. It invokes emotions such as hurt, anger and disappointment that are hard to control, and it can take a long time to recover fully. Everyone knows how frustrating and emotionally difficult divorce can be, but often
The home that a couple lives in during their marriage is called the matrimonial home. Sometimes, when couples separate or are getting divorced, one party wants the other spouse to move out. Can one spouse evict another from the home? The short answer is no. Irrespective of whether you
In a significant ruling impacting divorce settlements, the Supreme Court of appeal has overturned a High Court ruling that excludes a living annuity from a spouse’s estate. A 2016 a ruling by the Johannesburg High Court that a living annuity should not be taken into account for the purposes
The recent case of a Danish father who was reunited with his five-year-old son after an 18-month international manhunt for the child and his mother is an enormous success for the offices of Benita Ardenbaum Attorney. This international case required expertise in Hague Convention matters relating to the abduction
A lot of people do not understand the repercussions of not adhering to a settlement agreement made by an order of Court. In the Courts eyes, a settlement agreement that has been made an Order of Court is seen as the same as any other Court Order and must
The principal understanding of a South African trust is that there must at all times be a separation of ownership or control of trust assets, from enjoyment of trust benefits. This principle is reinforced by section 12 of the Trust Property Control Act, No. 11 of 2018 which states
