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The ‘Clean Break’ Principle

The ‘Clean Break’ Principle

The clean break principle was first introduced by the Pension Fund Amendment Act 11 of 2007 and allows pension funds to deduct an amount or percentage from a member spouse’s pension benefit and transfer to the non-member spouse. The underlying philosophy of this...
Tax and deceased estates

Tax and deceased estates

‘Nothing is certain except death and taxes’ – Benjamin Franklin, 1789. Not much has changed in the more than two centuries since that statement was made. Together with the Master of the High Court, the South African Revenue Service (SARS) plays an...
Spousal maintenance in divorce proceedings

Spousal maintenance in divorce proceedings

The common law recognises a reciprocal legal duty of support between spouses during the subsistence of their marriage. Upon dissolution of the marriage, the reciprocal duty of support comes to an end. Unlike maintenance for a minor child, spousal maintenance is not an...
The When, What and How of a Rule 43 Application

The When, What and How of a Rule 43 Application

Divorce may be a challenging and emotionally charged process and certain divorces may take years to finalise. Pending finalisation of a divorce, a spouse may require financial support and/or a schedule regulating contact arrangements in respect of the children and/or...