Divorce Act Flashcards
Section 3 of the Divorce Act
1) The irretrievable breakdown of the marriage as contemplated in section 4
Section 5(1):
Section 5(2):
1) The mental illness of a spouse
2)The continuous unconsciousness of a spouse
1) Section 6 Divorce Act
2) A court granting a decree of divorce may make the following
orders with regard to minor or dependent children:
1) A custody order or an order for sole custody.
2) A guardianship order or an order for sole
guardianship.
3) An order regarding access.
4) An order for maintenance
Section 7(1) Divorce Act
A court granting a decree of divorce may in accordance with a written agreement between the parties make an order with regard to the division of the assets of the
parties or the payment of maintenance by the one party to the other
Section 7(2) Divorce Act
The means of each party.
* The earing capacities of the parties.
* Financial needs and obligations.
* Age of the parties.
* Duration of the marriage.
* Standard of living of the parties prior to divorce.
* Their conduct in so far as it may be relevant to the
break-down of the marriage.
* Any other factor which the court considers to be
relevant.
Section 7
3A - Division of Assets and Maintenance of Parties
1) A court granting a decree of divorce in respect of a Muslim marriage, may, subject to the provisions of subsections (4), (5) and (6), on application by one of the
parties to that marriage, in the absence of any agreement
Section 7(3): Qualifying Prerequisites
1) A redistribution order can only be made in respect of unions where:
1.2) Entered into before 1 November 1984 in terms of an antenuptial contract by which community of property, community of profit and loss and accrual sharing in any form are excluded
1.3) Entered into in terms of the provisions of section 22(6) of the (repealed) Black Administration Act before 2 December 1988
1.4) Section 7(3) furthermore makes it clear that a redistribution order may only be considered if the spouses have not come to an agreement regarding the redistribution of their assets.
1.5) A claim for redistribution can only be made during (and not after) divorce proceedings, unlike a claim to share
pension interest
Section 7(7)(a) of Divorce Act
In the determination of the patrimonial benefits to which the parties to any divorce action may be entitled, the pension interest of a party shall, subject to paragraphs (b) and (c), be deemed to be
part of his assets.
Section 7(7)(c) of Divorce Act
1) Paragraph (a) shall not apply to a divorce action in respect of a marriage out of community of property
entered into on or after 1 November 1984 in terms of an antenuptial contract by which community of property, community of profit and loss and the accrual system are excluded.
Section 7(8) of the Divorce Act
1) Any part of the pension interest of that
member, in terms of subsection (7), is due or assigned to the other party to the divorce
action concerned, shall be paid by that fund
to that other party when any pension benefits accrue in respect of that member.
2)
Section 9 of the Divorce Act
1) When a decree of divorce is granted on the ground of the irretrievable break-down of a marriage the court may make an orderthat the patrimonial benefits of the
marriage be forfeited by one party in favor of the other, either wholly or in part, if the court, having regard to the duration of the marriage, the circumstances which
gave rise to the break-down thereof and any substantial misconduct on the part of either of the parties, is satisfied that, if the order for forfeiture is not made, the
one party will in relation to the other be unduly benefited.
2) In the case of a decree of divorce granted on the ground of the mental illness or continuous unconsciousness of the defendant, no order for the forfeiture of any patrimonial benefits of the marriage shall be made against the defendant
