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From courtroom battles to common ground: Mediation and divorce

01 July 2025

Mediation in divorce is often mistaken for couples therapy, but it’s an alternative form of dispute resolution — helping separating... partners work through the terms of their divorce with the help of an independent third party.

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10
Article
The Two-Pot Pension System and divorce

03 October 2024

The new Pension Funds Amendment Act 31 of 2024 (“PFAA”) that was recently signed into law not only introduces far-reaching... consequences in respect of pension funds but also impacts the position of pension interest and divorce. In this article, we look at some of the key impact areas of the PFAA in respect of divorce. 

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286
Article
Mediation – a go-to option for divorcing couples

27 June 2024

At the heart of divorce proceedings, lies an intense personal battle between spouses. Enter mediation as a growing alternative dispute... resolution mechanism aiming to preserve relationships and protect the psychological and emotional well-being of children and adults by avoiding drawn-out and combative court proceedings. In this article, we take a brief look at mediation as a go-to option for divorcing couples in South Africa.

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403
Article
When a spouse hides assets away in a trust…

15 January 2024

In a divorce, it may transpire that one spouse has during the marriage transferred assets to a trust. This raises... the question of whether such trust assets are excluded from the calculation of accrual where the parties are married out of community with the accrual system. In this article, we take a look at what has been termed ‘alter ego’ trusts and how our courts treat these when it comes to divorce proceedings.

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561
Article