Terminology: CONSEQUENCES OF DISSOLUTION

Question 1

Forfeiture order (order for
forfeiture of patrimonial
benefits

Answer 1

An order of court in terms of which one spouse must forfeit, in whole or part, a patrimonial benefit acquired by virtue of the matrimonial property system when it is proven that the receipt of such benefit could be considered undue / inappropriate

Question 2

Undue benefit:

Answer 2

A benefit which can be regarded as unwarranted or inappropriate because it is excessive or disproportionate in relation to the circumstances under which it is acquired

Question 3

Redistribution order:

Answer 3

1) Fair and just division of assets where one spouse benefited substantially from pooled resources or contribution to their estate by the other spouse.
2) See impact of Gumede v President of South Africa on traditional scope and requirement of contribution.

Question 4

Interim maintenance:

Answer 4

1) Also maintenance pendente lite or pending divorce action.
2) Can be claimed with a Rule 43 / 58 application.
3) Purpose is to ensure that reciprocal common law duty of support is adhered to until marriage is dissolved by divorce

Question 5

Rehabilitative maintenance

Answer 5

1) Maintenance granted for a certain period of time after which the recipient will have to make his own provision for maintenance.
2) Such an order usually promotes clean-break principle.

Question 6

Permanent maintenance

Answer 6

Maintenance is payable until the order lapses upon death of recipient or person liable to pay the maintenance

Question 7

Token maintenance

Answer 7

The court awards a nominal (insignificant) amount of maintenance at divorce since a maintenance agreement order can only be acquired at divorce

Question 8

Dum casta clause

Answer 8

A clause in the settlement agreement or court order that the maintenance order will lapse when the person entitled to maintenance cohabits with someone else without concluding a valid marriage.

Question 9

Suspension of a
maintenance order

Answer 9

An order to temporarily suspend an existing maintenance order

Question 10

Rescission of a
maintenance order

Answer 10

An order to setting aside or terminate an existing maintenance order

Question 11

Variation of a maintenance
order

Answer 11

An order to change the details of an existing maintenance order e.g. the amount payable per month.

Question 12

Attachment of emoluments

Answer 12

An order obtained against the employer of the person responsible to pay maintenance. The employer is instructed by the court order to deduct
a specific amount (instalment) from the salary or wages and pay it over directly to the person entitled to receive the maintenance