Spousal Maintenance

Claiming Maintenance Outside South Africa

South Africa has reciprocal enforcement agreements with several countries, so maintenance can be claimed from a person living in those countries. Where one of the parties reside in a proclaimed country or territory under this agreement, the process of claiming maintenance between the two countries can be followed through diplomatic channels. It takes approximately 12 …

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Stop Paying Maintenance at Retirement

Many payors of spousal support assume that when they retire, their obligation to pay support will stop. After all, each of the parties will have received their share of the assets accumulated during the relationship, including the retirement savings and pension. Payors frequently assume that each spouse is thus responsible for planning for his or …

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Spousal Maintenance Does More Harm Than Good

The House of Lords in England recently passed a bill calling for a three year cap to be placed on spousal maintenance payments, heralding the end of a long tradition of awarding women endless support by their ex-spouses. About time! Why are ex-wives (especially housewives and stay-at-home mothers) so often still awarded such large sums …

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Maintenance is NOT a Reward

Joint or Dual Custody encompasses both physical custody, which pertains to parents’ right to have the child live with them as well as legal custody, which refers to parents’ right and responsibility to make decisions and care for their child. Conversely, the child has the right to joint guardianship, which encompasses the right to live …

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Signs that your Spouse is Hiding Assets

Hiding assets to avoid sharing fairly during divorce is an unethical and illegal practice, commonly found all over the world. Your assets may include your marital home (primary residence), holiday property, investments, bank accounts, savings, shares, retirement funds, pension plans, cash value on life insurance, a professional practice, a business and much more. Instead of …

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Economic Abuse

Definition: When one intimate partner has control over the other partner’s access to economic resources, diminishing the victim’s capacity to support him/herself and forces him/her to depend on the perpetrator financially. Control of someone’s present or future earning potential. Economic abuse is often used as a controlling mechanism as part of a larger pattern of …

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