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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...
What is a Liquidation and Distribution Account?

What is a Liquidation and Distribution Account?

The content and format of the Liquidation and Distribution Account is laid out in detail in section 35 of the Administration of Estates Act 66 of 1965, and even further specified in the Act’s Regulations. There have also been several Directives issued by the Master of...
Reporting a Deceased Estate: Where to begin?

Reporting a Deceased Estate: Where to begin?

Reflections on groundbreaking Court Judgments in Family Law  As the year draws to a close, 2023 shall be considered a year which saw the winds of change blow strongly across the fields of Family Law.  The Constitutional Court, the highest Court of the Land, granted a...