WebSep 6, 2015 · The magistrate found in favour of the husband and granted an order of partial forfeiture of marital benefits against the wife. He also ordered her to pay the costs. The woman then lodged an appeal to the High Court to appeal the magistrate’s order. Section 9 (1) of the Divorce Act 70 of 1979 states: “ (1) When a decree of divorce is granted ... WebIn terms of the Act the courts should grant a forfeiture order in circumstances where, if the order is not granted, one party will be unduly benefited in relation to the other …
FACTORS JUSTIFYING FORFEITURE OF PATRIMONIAL …
WebNov 14, 2024 · [4] The order of forfeiture is intended to protect the rights of the plaintiff to her separate contributions to the property of the marriage, and this includes not only windfalls such as bequests and gifts, but also acquisitions made as a result of industry, economy or investment (Ex Parte De Beer 1952 (3) 288 at pp. 289H – 290A) WebOmni Agent Solutions iim bodh gaya placement report 2023
A divorce case relating to the forfeiture of assets
WebJun 10, 2011 · “Whereas an order of division (or no order at all) means equal division, irrespective of the amounts contributed to the joint estate by husband and wife, an order … WebApr 1, 2014 · ‘When a decree of divorce is granted on the grounds of the irretrievable break-down of a marriage the court may make an order that the patrimonial benefits of the marriage be forfeited by one party in favour 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 t... WebJun 18, 2024 · Forfeiture does not take away a party’s claim to their share of the common property, but rather decreases or cancels the financial benefit they would have obtained … iimb research paper