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...
by VDT Attorneys | May 19, 2022 | Maintenance, Maintenance order
A recent judgment of the Johannesburg High Court answers this question. In this case the applicant brought an urgent application against the father of their two minor children for arrear maintenance dating back to 2008. In the application the applicant also asked for...
by VDT Attorneys | Sep 14, 2021 | Family, Family Law, Maintenance, Sequestration
Where an ex-spouse is in arrears with maintenance, the first step would usually be to enforce the maintenance agreement / order via the courts. However, should the spouse not have an income or ability to pay or physical assets that can be executed against, our courts...
