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divorce Tag

Hammond Pole Attorneys > Posts tagged "divorce"

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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New Law created at the Supreme Court of Appeal in one of Hammond Pole’s Divorces.

Hammond Pole Attorneys are ecstatic to announce that the law pertaining to divorce and accrual has forever been changed! Our very own Senior Associate at Hammond Pole Attorneys, Tania Abbotts, attended to a matter in 2016, whereby the high court ordered that a living annuity cannot be included in a spouse’s estate for purposes of calculating accrual. 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 to assessing whether there was an accrual claim. South...

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