|
Toggle Nav
Practical Guide to Patrimonial Litigation in Divorce Actions
Author
:
PA Van Niekerk
A Practical Guide to Patrimonial Litigation in Divorce Actions identifies the most common claims which arise in divorce actions.
Edition/issue: 29
Published: October 2025
Publisher: LexisNexis South Africa
A Practical Guide to Patrimonial Litigation in Divorce Actions identifies the most common claims which arise in divorce actions.
It serves as a practical guide to the proper formulation of patrimonial claims in pleadings and the pursuing of such claims to their finality. Specimen pleadings are included to assist busy practitioners.
Available in print (looseleaf) and online format. Print includes updates for 12 months, thereafter updates are billed annually in advance. Online format must be added to a Lexis+ base package. Visit www.lexisnexis.co.za/lexisplus for more information.
Matrimonial regimes
Marriage in community of property
Marriage out of community of property
Civil unions
Customary marriages
Summary
Patrimonial claims based on the matrimonial regime
Introduction
Marriage in community of property
Marriage out of community of property concluded prior to 1 November 1984
Marriage out of community of property concluded after 1 November 1984
Change in the matrimonial property system in terms of section 21 of Act 88 of 1984
Forfeiture
Other specific claims
Formulating claims
Introduction
Pleadings in general
Formulating claims where parties are married in community of property
Formulating claims where parties are married out of community
Other specific claims
Protection of proprietary claims, pendente lite
Introduction
Statutory remedies
Common law remedies to protect proprietary claims, pendente lite
Pre-trial procedures
Introduction
Discovery
Further particulars
Offers to settle
Pre-trial conference in terms of rule 37
Expert evidence
Application for contribution towards costs
Introduction
The remedy for an application towards costs
Essential allegations
Assets (determining the estate)
Introduction
What is an "asset"?
Assets which are excluded
Foreign marriages
Introduction
General principle
Adjudication of foreign law
Formulating claims based on foreign law
Application to change the matrimonial property system
Introduction
Who can apply
Nature of the relief
Formalities
General
Forum for institution of divorce action
What is a “divorce action�?
Which Court?
Divorce action instituted in the High Court
Institution of divorce action in Regional Courts