Divorce Law

Hammond Pole Attorneys > Divorce Law

I am going through a divorce. My soon-to-be ex-partner has hidden assets, what are my options and what are the potential consequences for my partner?

Blog article by Tania Jones    If you are married in community of property or married out of community of property with the accrual system applicable, the biggest obstacles that divorce attorneys and their clients face occurs when a spouse hides their assets.  This usually happens during the divorce or in the months and even years leading up to the separation of the parties.    How people attempt to hide assets  During the actual divorce, a spouse simply does not include all of their assets when they list their assets and liabilities.    A spouse will increase their expenses and liabilities to try to diminish...

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How recent judgements are making it easier to claim maintenance

A blog article by Tania Jones (previously Abbotts)  It’s not often that a legal argument about maintenance reaches the Supreme Court of Appeal in South Africa. This is partly because most Magistrates’ Courts have their own maintenance division with court officials who are specially trained in maintenance law. They first attempt to reach a settlement between the parties and when they are not successful, the matter is then referred to the Maintenance Court. The Magistrate then considers evidence from both sides to make a ruling. While this process sounds easy, the reality is more complex and often takes over three to...

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Understanding Children’s Best Interests in Divorce

Divorce can be complex - Keep it simple and focused on the child Marriages can be complex as there are various components that go into it. The relationship itself has its own history, the partners have their own personalities, together with all external stresses and pressures that life throws at the couple. Should a marital relationship come to an end, and the parties decide to get a divorce, then the divorce is muddied with the emotions that go with all the above. I have seen time and time again how children are used as a pawn in the process. Whether it is...

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Divorce Law Demystified

what you need to know about divorce law

Divorces do not have to be the nightmares we see on television Divorce includes both a legal aspect as well as a human aspect. We are not dealing with two parties fighting over a car accident, we are dealing with a husband and wife who need assistance to distinguish between what the parties are legally entitled to, what the parties want and lastly what it is that they need to do to get through this chapter of their lives. It is an attorney’s job to make sure that these three aspects are all aligned, and a suitable arrangement is reached. As an...

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Hammond Pole Made Law: Divorce and accrual regulations changed forever

hammond pole made law

"I am ecstatic to announce that the law pertaining to divorce and accrual has forever been changed, following a case I attended to in 2016." - Writes Tania Abbotts, Senior Associate at Hammond Pole Attorneys.   In a decision made on 5 May 2020, the high court ordered that a living annuity cannot be included in a spouse’s estate for purposes of calculating accrual. In essence this meant that the court confirmed that spouses involved in a divorce could purchase a living annuity, and effectively use it to place their Pension Interests, in order to reduce their total assets, when it came...

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