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HOW IS IMMOVABLE PROPERTY DEALT WITH IN DIVORCE?

If immovable property is registered in a deeds registry and it formed an asset of a joint estate of spouses have been divorced, and one of them has, in terms of a divorce order acquired the share of his or her former spouse in the property, the registrar may,

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Requirements of a Universal Partnership

UNIVERSAL PARTNERSHIPS

Benita Ardebaum Attorneys shares the requirements for universal partnership in South Africa. Insights on shared assets & legal claims for unmarried couples.

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DIVORCE ATTORNEY

Mrs Peach and Mr Peach wanted to get divorced. They concluded a Settlement Agreement and Parenting Plan and proceeded to finalize the divorce. However, after the divorce was finalized, it came to Mrs Peach’s attention that the Decree of Divorce was materially incorrect in that the Judge, at the

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Understanding Uncontested Divorce in South Africa

UNCONTESTED DIVORCE

Learn about uncontested divorce in South Africa, including the process, costs, timelines and benefits with guidance from Benita Ardenbaum Attorneys.

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RULE 43 APPLICATIONS ARE NOT ONLY FOR INTERIM MAINTENANCE

Rule 43 of the Uniform Rules of Court aims to avoid any considerable prejudice to either party pending divorce. Rule 43 is used for matters relating to interim care or contact with the parties’ child/children; maintenance for the spouse and/or children; and enforcing certain payments and interim contributions towards

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RELOCATION DISPUTES

Miss A recently approached our offices wanting to relocate with her minor child to the United Kingdom. Miss A and the father of the minor child were never married, but they had concluded a Parenting Plan when the minor child was still an infant as to the father’s responsibilities

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DOES A MAINTENANCE CLAIM EVER EXPIRE

Mr and Mrs Smith divorced 25 years ago. They entered into a settlement agreement at the time which required Mr Smith to pay monthly maintenance to his wife until she died or remarried. He was also required to pay maintenance for their minor children until they became self-supporting. Despite

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MAINTENANCE FOR A MAJOR CHILD

A parent’s liabilities towards a child do not change when the child turns 18 years of age or if the parents are divorced. Both parents remain liable for taking care of the child for as long as the child requires maintenance. A maintenance Order does not have to make

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SPOUSAL MAINTENANCE

Spousal Maintenance is different from child maintenance in that it is paid by one spouse to the other spouse following a divorce. It is a general principle of law that neither spouse has a right to spousal maintenance upon divorce.  However, the Divorce Act, 70 of 1979 provides the

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