Divorce & Family Law
The Maintenance of Surviving Spouses Act 2 of 1990 provides that of a surviving spouse to claim maintenance from the late estate of their deceased spouse, and the Executor of the estate is obliged to pay such maintenance.
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The dissolution of marriage is one of the biggest decisions one can make in their lives. Due to the sometimes-grave consequences, divorce is one that the Courts do not take lightly and will only order upon evidence that a normal marriage relationship cannot be restored.
It stands to that premise therefore, that parties feel the urge to retain the matrimonial house after a divorce process. In these disagreements with regards to the house, the Courts simply apply the legal rules much to the disappointment or relief of either party.
The prevalence of single parent headed families is rampant in South Africa and in most cases the absent parent contributes little or nothing towards the upkeep of the child.
The default matrimonial property system under South African law is the community of property. Parties to a marriage are expected to clearly indicate should they wish to have a different matrimonial property system applicable in their marriage.
This is the second and final part of our “preparing for divorce checklist” series which looks at all the financial considerations when getting divorced in South Africa.
The decision to get divorced is not an easy one for couples to make as it’s the first step to a process which can be time consuming as well as emotionally and financially draining.
When it comes to divorce and retirement funds in South Africa, it’s imperative that the retirement fund clause in a divorce settlement agreement is drawn up by a divorce attorney.
In August 2018, the Western Cape High Court provided an answer to the question which asked if only one spouse married in community of property may sign a sole mandate agreement with an estate agent or agency.
Marriage in community of property is a type of matrimonial regime which joins the estates of the two spouses into one estate of equal shares.
Therefore, the couple who marries in community of property owns the joint estate together and the estate can only be divided should the couple choose to terminate the marriage.
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