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Relevant bibliographies by topics / Equitable distribution of marital property – Law and legislation – South Africa

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Academic literature on the topic 'Equitable distribution of marital property – Law and legislation – South Africa'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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Dissertations / Theses on the topic "Equitable distribution of marital property – Law and legislation – South Africa"

1

Spitz, Volker Gerhard Anton. "A comparative analysis of the equalisation of pension benefits under South African and German law." Diss., 1992. http://hdl.handle.net/10500/16098.

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The recognition in law of pension benefits and expectancies, as a matrimonial asset which may be subject to certain claims (and counterclaims), occured in South Africa in 1989. The starting point of this development was an investigation in 1984, on: "the possibility of making provisions for a divorced woman to share in the pension benefits of her former husband ". This investigation came about, in South Africa, after the matter had already been accepted, in many foreign legals systems, as a well-established, and most important concept of family law. The obvious question for the South A

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2

Makola, Thulelo Mmakola. "A comparative legal analysis of the effects of divorce on marital property." Diss., 2018. http://hdl.handle.net/10500/24843.

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The movement of people from county to country brought about an increase in international marriages. However, South African private international law rules with regard to the proprietary consequences of marriage are not on par with their foreign counterparts. The prejudicial rule which governs proprietary consequences of marriage has raised difficulties for our courts in past and recent cases. The advent of a new constitutional dispensation in South Africa forbids discrimination based on sex, gender and marital status. Furthermore, the question is asked whether parties to a marriage with a fore

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3

Lowndes, Gillian Claire. "The need for a flexible and discretionary system of marital property distribution in the South African law of divorce." Diss., 2014. http://hdl.handle.net/10500/18819.

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Substantive gender equality has yet to be achieved in South Africa. As such, when a decision is made for one of the spouses to a civil marriage to stay at home and care for the children born of the marriage, or make career sacrifices to care for children, that spouse is usually the wife. As a result, while the husband continues to amass wealth and grow his earning potential, the wife is unable to do so. In circumstances where such spouses are married out of community of property or subject to the accrual system with onerous exclusion clauses in the antenuptial contract, the wife may be left wi

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4

Carrim, Nazia. "Divorce benefits to non-member spouse under section 37D of the pension funds act 24 of 1956." Thesis, 2013. http://hdl.handle.net/10386/1040.

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Thesis (LLM. (Labour Law)) -- University of Limpopo, 2013<br>This mini dissertation relates to the payment of divorce benefits to a former spouse upon divorce and recent amendments that have taken place in the Pension Funds Act 24 of 1956.Particular reference is made to the amendment of Section 37D.This amendment has brought about changes that will contribute positively to the development of South African Retirement Law. The discussion below deals with the unfairness to non-member former spouses before 1st November 2008. An analysis of pension interest taking into account relevant statutory pr

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5

Welsh, Shirley Anne Vera. "The law giveth and the law taketh away : Marriages out of community of property excluding accrual post 1984/88." 2000. http://hdl.handle.net/10500/16460.

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Because women are predominantly responsible for childcare, men are the primary income earners. Having acquired the marital assets, on divorce the husband would retain them in a marriage out of community of property. The wife would be left deskilled, financially dependent, with little likelihood of receiving spousal maintenance and with no marital assets. In 1984 the Matrimonial Property Act and in 1988 the Matrimonial Property Law Amendment Act introduced a judicial discretion to equitably redistribute marital assets in certain marriages out of community. This dissertation argues that th

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