WebThe forfeiture rule contained in section 9 (1) of the Act has little in common with the previous Divorce Act forfeiture rule, except the word ‘forfeiture’. The idea behind the old forfeiture rule was that a ‘guilty’ spouse must not be allowed to benefit from a marriage which he or she had wrecked. No forfeiture could be decreed unless ... WebOct 30, 2024 · In some circumstances, according to the Divorce Act 70 of 1979, “the Court may make an order that the patrimonial benefits of the marriage be forfeited by one party in favour of the other,...
When can a spouse forfeit his/her patrimonial benefits in a …
WebFeb 15, 2024 · The only issues still in dispute and which the court must decide upon are the grounds of divorce, and the forfeiture of benefits of the marriage in community of property and the costs of the suit. [9] After the partial settlement, the defendant filed his plea to the plaintiff’s particulars of claim and furthermore filed a counterclaim. WebIf one party committed adultery or any form of misconduct which led to the marriage to break down, he or she forfeit the patrimonial benefits, meaning that he or she will walk … cursive font with tails free
FORFEITURE OF BENEFITS IN DIVORCE - LinkedIn
WebMar 31, 2024 · The “innocent” spouse is protected by section 9 of the Divorce Act in terms of a forfeiture order. A forfeiture order is granted by the court in favour of one spouse who has lost patrimonial benefits as a result of the breakdown of the marriage. The common law interpretation is that the “guilty” party should not be able to gain an ... WebNov 7, 2024 · It states that a Divorce Court granting a Divorce Order may make an order that the patrimonial benefits of the marriage be forfeited by one party in favour of the other party, either wholly... WebApr 4, 2024 · Forfeiture is the legal principle and/or process by means of which the court scrutinises the undue benefit (in relation to assets) of the other party if the order for … chas card tiers