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1	An evaluation of the parametric amendments of legislation relating to the distribution of retirement benefits upon divorce Wiid, Yvette January 2011 (has links) <p>This thesis will examine the effects of divorce on the benefit payable to a member of a retirement fund, where divorce has occurred before the member has reached retirement age. In&nbsp / particular, parametric (that is, piecemeal) amendments to the relevant legislation will be analysed in order to outline the development of the legislation relating to divorce and the consequent distribution of&nbsp / assets (including retirement savings). The previous and current legal position in South Africa relating to divorce and retirement savings will be set out and critically analysed to determine whether the current position can be regarded as an improvement upon the previous legal position, or whether other and/or new problems in this area have been created. Parametric amendments to&nbsp / relevant legislation have thus far been the subject of many cases in our courts and adjudicative tribunals. A systemic overhaul of a particular area of law is a useful tool in providing legal certainty&nbsp / and clarifying the laws applicable to that area. This thesis will therefore argue in favour of a systemic overhaul of the legislation applicable to the allocation of retirement benefits at divorce, as opposed to the ineffectual parametric (i.e. piecemeal) amendments that have been implemented thus far. An essential aspect of this study is a comparative study of South African legal principles&nbsp / relating to retirement benefits and divorce with the legal principles of this subject in the United Kingdom (UK).</p>
2	An evaluation of the parametric amendments of legislation relating to the distribution of retirement benefits upon divorce Wiid, Yvette January 2011 (has links) <p>This thesis will examine the effects of divorce on the benefit payable to a member of a retirement fund, where divorce has occurred before the member has reached retirement age. In&nbsp / particular, parametric (that is, piecemeal) amendments to the relevant legislation will be analysed in order to outline the development of the legislation relating to divorce and the consequent distribution of&nbsp / assets (including retirement savings). The previous and current legal position in South Africa relating to divorce and retirement savings will be set out and critically analysed to determine whether the current position can be regarded as an improvement upon the previous legal position, or whether other and/or new problems in this area have been created. Parametric amendments to&nbsp / relevant legislation have thus far been the subject of many cases in our courts and adjudicative tribunals. A systemic overhaul of a particular area of law is a useful tool in providing legal certainty&nbsp / and clarifying the laws applicable to that area. This thesis will therefore argue in favour of a systemic overhaul of the legislation applicable to the allocation of retirement benefits at divorce, as opposed to the ineffectual parametric (i.e. piecemeal) amendments that have been implemented thus far. An essential aspect of this study is a comparative study of South African legal principles&nbsp / relating to retirement benefits and divorce with the legal principles of this subject in the United Kingdom (UK).</p>
3	An evaluation of the parametric amendments of legislation relating to the distribution of retirement benefits upon divorce Wiid, Yvette January 2011 (has links) Magister Legum - LLM / This thesis will examine the effects of divorce on the benefit payable to a member of a retirement fund, where divorce has occurred before the member has reached retirement age. In particular, parametric (that is, piecemeal) amendments to the relevant legislation will be analysed in order to outline the development of the legislation relating to divorce and the consequent distribution of assets (including retirement savings). The previous and current legal position in South Africa relating to divorce and retirement savings will be set out and critically analysed to determine whether the current position can be regarded as an improvement upon the previous legal position, or whether other and/or new problems in this area have been created. Parametric amendments to relevant legislation have thus far been the subject of many cases in our courts and adjudicative tribunals. A systemic overhaul of a particular area of law is a useful tool in providing legal certainty and clarifying the laws applicable to that area. This thesis will therefore argue in favour of a systemic overhaul of the legislation applicable to the allocation of retirement benefits at divorce, as opposed to the ineffectual parametric (i.e. piecemeal) amendments that have been implemented thus far. An essential aspect of this study is a comparative study of South African legal principles relating to retirement benefits and divorce with the legal principles of this subject in the United Kingdom (UK). / South Africa Social insurance Divorce Tax Social security reforms Parametric amendments Systemic overhaul Divorce legislation Retirement funds Matrimonial property Maintenance Pension sharing United Kingdom (UK) Comparative study
4	The need for a flexible and discretionary system of marital property distribution in the South African law of divorce Lowndes, Gillian Claire 11 1900 (has links) 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 with little more than a claim for rehabilitative maintenance in the event of a divorce. The courts only have the discretion to make an equitable distribution of marital property in civil marriages with complete separation of property concluded prior to 1 November 1984 (or 2 December 1988) and customary marriages. It is arguable that this limitation of the judicial discretion violates the equality clause contained in the Constitution of the Republic of South Africa, 1996. A broad judicial discretion to equitably redistribute the spouses’ assets upon divorce is therefore proposed in this dissertation. / Private Law / LL.M. Matrimonial property regime Marriage in community of property Marriage out of community of property Accrual system Antenuptial contract Family contract Dissolution of marriage Spousal equality Substantive equality Formal equality Differentiation Discrimination Gender-stereotypical expectations Public-private dichotomy Pension interest Pension sharing Clean-break principle Judicial discretion upon divorce Maintenance Forfeiture of assets Equitable distribution Law commission Financial need Prenuptial agreement Qualifying nuptial agreement 346.1664068 Marital property -- South Africa Alimony -- South Africa Divorce settlements -- South Africa Judicial discretion -- South Africa
5	The need for a flexible and discretionary system of marital property distribution in the South African law of divorce Lowndes, Gillian Claire 11 1900 (has links) 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 with little more than a claim for rehabilitative maintenance in the event of a divorce. The courts only have the discretion to make an equitable distribution of marital property in civil marriages with complete separation of property concluded prior to 1 November 1984 (or 2 December 1988) and customary marriages. It is arguable that this limitation of the judicial discretion violates the equality clause contained in the Constitution of the Republic of South Africa, 1996. A broad judicial discretion to equitably redistribute the spouses’ assets upon divorce is therefore proposed in this dissertation. / Private Law / LL. M. Matrimonial property regime Marriage in community of property Marriage out of community of property Accrual system Antenuptial contract Family contract Dissolution of marriage Spousal equality Substantive equality Formal equality Differentiation Discrimination Gender-stereotypical expectations Public-private dichotomy Pension interest Pension sharing Clean-break principle Judicial discretion upon divorce Maintenance Forfeiture of assets Equitable distribution Law commission Financial need Prenuptial agreement Qualifying nuptial agreement 346.1664068 Marital property -- South Africa Alimony -- South Africa Divorce settlements -- South Africa Judicial discretion -- South Africa

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