by VDT Attorneys | Sep 30, 2025 | Divorce, Maintenance
The legal landscape of matrimonial property law in South Africa has been the subject of continuing constitutional scrutiny. The constitutionally protected rights of equality and freedom of religion, amongst others, have demanded reform to ensure inclusivity of beliefs...
by VDT Attorneys | Jul 1, 2025 | Divorce, Mediation in divorce
The most significant difference between mediation and formal legal proceedings is that instead of a presiding officer holding sole decision-making powers, you would be allowed to enter the arena and engage in various discussions and ultimately together with your (soon...
by VDT Attorneys | Mar 31, 2025 | Divorce, Divorce Settlement, Property transfers, Transfer Duty
In the Chief Registrar’s Circular No.6 of 2024, the Chief Registrar suspended the Registrar’s Conference Resolution RCR 9/2024 which had initially determined that the date of divorce was the transaction date for purposes of transfer duty. However, the Transfer Duty...
by VDT Attorneys | Oct 3, 2024 | Divorce, Pension Fund, Two Pot Pension Fund
Before the PFAA it has been a well-established principle in our law that a divorce order is only enforceable against a pension fund as long as the member is still a member of the fund. Now with the introduction of the PFAA and the two-pot retirement system and...
by VDT Attorneys | Jun 27, 2024 | Alternative Dispute Resolution, Divorce, Mediation
Mediation in divorce proceedings in South Africa has become an unavoidable legal consideration as it is a prerequisite to the issuing of summons. Both the initiator of divorce proceedings as well as the defender are mandated to indicate whether they are either opposed...
by VDT Attorneys | May 29, 2024 | Divorce, Divorce Amendment Bill, Marriage, Marriage Act, Muslim marriage
The non-recognition of Muslim marriages, which have not been registered as civil marriages, was deemed unconstitutional. The Constitutional Court held that, at the time of dissolution of a Muslim marriage, the Divorce Act failed to provide for:1. Safeguarding the...
