by VDT Attorneys | Dec 3, 2024 | Arrear maintenance, Maintenance, Maintenance order
The Preamble to the Maintenance Act, 99 of 1998 (“Maintenance Act”) recognises the rights of a child but also emphasises the importance of a sensitive and fair approach to the determination and recovery of maintenance. Maintenance orders awarded are largely based on...
by VDT Attorneys | May 22, 2024 | Child Support, Maintenance
The court correctly found that that Respondent’s plea of poverty as a defence against his wilful and bad faith non-compliance with his maintenance obligations was unacceptable. The Respondent agreed during divorce proceedings to, amongst other specified contributions,...
by VDT Attorneys | Nov 6, 2023 | Claim, Deceased Estate, Maintenance, Surviving spouse
When a person passes away, the executor administers their estate in terms of the deceased’s will or where there is no will, in terms of the Intestate Succession Act 81 of 1987. In both cases, the estate assets will be used to pay for claims against the estate and any...
by VDT Attorneys | Nov 6, 2023 | Antenuptial contract, Antenuptials, Claim, Maintenance
Section 7(2) of the Divorce Act 70 of 1979 is the point of departure in any question of spousal maintenance in divorce actions. This section sets forth the factors upon which a court will rely when considering a claim for spousal maintenance, the amount payable and...
by VDT Attorneys | Jul 26, 2023 | Divorce, Estate Planning, Maintenance, Property transfers
The foundation of any successful property transaction for cohabiting partners is open and honest communication. It is crucial to have transparent discussions about financial goals, preferences, and long-term plans. Communicate your expectations, financial...
by VDT Attorneys | Apr 24, 2023 | Heterosexual Partnership, Life Partnership, Maintenance
In the recent Western Cape High Court matter of EW v VH (12272/2022) [2023] ZAWCHC 58 (17 March 2023), the court was tasked to decide whether the Applicant, a woman who had been involved in a permanent romantic relationship with her partner for nearly 9 years and...
