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1	The clean break principle Singer, Jill Hilary 01 1900 (has links) This short dissertation briefly examines the English law statutory provisions and the English judicial approach relating to the clean break principle. A comparison between English law and South African law (in particular s 7 of the Divorce Act 70 of 1979) shows the latter to allow the application of the clean break principle, but rigidity in the legislative wording and further rigidity in the wording by the courts result in the clean break principle not being a dominant feature of South African divorce law. A detailed analysis of South African case law follows in which the fundamental issues relative to the clean break principle are examined, namely the one third rule, universal partnership, misconduct and its effect on court orders, the nature of a contribution and what property is distributed on divorce. Trends in maintenance orders are looked at and how these affect the clean break principle, in particular rehabilitative maintenance and token maintenance wards. / Law / LL.M. Divorce Clean break Division of assets Redistribution of assets Redistribution orders Maintainance Rehabilitative maintenance Token maintenance Financial independence 346.166068 Divorce settlements -- South Africa
2	The clean break principle Singer, Jill Hilary 01 1900 (has links) This short dissertation briefly examines the English law statutory provisions and the English judicial approach relating to the clean break principle. A comparison between English law and South African law (in particular s 7 of the Divorce Act 70 of 1979) shows the latter to allow the application of the clean break principle, but rigidity in the legislative wording and further rigidity in the wording by the courts result in the clean break principle not being a dominant feature of South African divorce law. A detailed analysis of South African case law follows in which the fundamental issues relative to the clean break principle are examined, namely the one third rule, universal partnership, misconduct and its effect on court orders, the nature of a contribution and what property is distributed on divorce. Trends in maintenance orders are looked at and how these affect the clean break principle, in particular rehabilitative maintenance and token maintenance wards. / Law / LL.M. Divorce Clean break Division of assets Redistribution of assets Redistribution orders Maintainance Rehabilitative maintenance Token maintenance Financial independence 346.166068 Divorce settlements -- South Africa
3	The law giveth and the law taketh away : Marriages out of community of property excluding accrual post 1984/88 Welsh, Shirley Anne Vera 11 1900 (has links) 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 the bases for the limitation of the judicial discretion to women married before a certain date are unsound and that the limitation arguably violates the equality clause of the Constitution. / Law / LL.M. Financial consequences of divorce Judicial discretion Spousal maintainance Contractual freedom Feminisation of porperty Substantive equality Gender discrimination New property 346.166068 Alimony -- South Africa Divorce settlements -- South Africa Marriage settlements -- South Africa Women -- Legal status
4	The law giveth and the law taketh away : Marriages out of community of property excluding accrual post 1984/88 Welsh, Shirley Anne Vera 11 1900 (has links) 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 the bases for the limitation of the judicial discretion to women married before a certain date are unsound and that the limitation arguably violates the equality clause of the Constitution. / Law / LL.M. Financial consequences of divorce Judicial discretion Spousal maintainance Contractual freedom Feminisation of porperty Substantive equality Gender discrimination New property 346.166068 Alimony -- South Africa Divorce settlements -- South Africa Marriage settlements -- South Africa Women -- Legal status

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