- Title
- The sharing of pension benefits on divorce: An inevitable affair?
- Creator
- Glover, Graham B
- Subject
- To be catalogued
- Date
- 2006
- Type
- text
- Type
- article
- Identifier
- http://hdl.handle.net/10962/186723
- Identifier
- vital:44528
- Identifier
- xlink:href="Print only"
- Description
- One of the invariable consequences of divorce is that the patrimonial assets of the marriage have to be divided up between the two parties. At a primary level, the way in which this will occur will be determined by a number of factors: the matrimonial property regime under which the parties had been married; the relevant provisions of the Divorce Act (Act 70 of 1979) that deal with the question of the patrimonial consequences of divorce; as well as any agreement on this often ticklish matter that can be reached by the parties prior to the divorce action. Approximately fourteen years ago, section 7 of the Divorce Act was amended to allow a divorced spouse to share in the pension interests of the other spouse. There is some polemic, though, as to the interpretation of this provision: in particular, it is not clear whether this pension benefit will automatically form part of the assets that are susceptible to division, or whether a prayer to this effect must specifically be sought. After a consideration of the current legal position regarding the sharing of pension benefits generally, this note will examine this specific debate.
- Format
- computer, online resource, application/pdf, 1 online resource (10 pages), pdf
- Publisher
- Sabinet
- Language
- English
- Relation
- Obiter, Glover, G., 2006. The sharing of pension benefits on divorce: an inevitable affair? Obiter, pp.469-478, Obiter 2006
- Rights
- Publisher
- Rights
- Use of this resource is governed by the terms and conditions of the Sabinet Terms and Conditions Statement (https://www.sabinet.co.za/terms-conditions)
- Rights
- Open Access
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Collections
Glover, Graham (Prof)
RU Department of Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | The sharing of pension benefits on divorce an inevitable affair.pdf | 60 KB | Adobe Acrobat PDF | View Details Download |