Global ETD Search

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	A comparative legal analysis of the effects of divorce on marital property Makola, Thulelo Mmakola 01 1900 (has links) The movement of people from county to country brought about an increase in international marriages. However, South African private international law rules with regard to the proprietary consequences of marriage are not on par with their foreign counterparts. The prejudicial rule which governs proprietary consequences of marriage has raised difficulties for our courts in past and recent cases. The advent of a new constitutional dispensation in South Africa forbids discrimination based on sex, gender and marital status. Furthermore, the question is asked whether parties to a marriage with a foreign matrimonial domicile may rely on section 7(3) of the Divorce Act 70 of 1979. The classification of redistribution orders in private international law matters has given rise to uncertainty. The objectives of the study are to suggest workable alternatives to the current connecting factor for proprietary consequences of marriage in South African private international law and to investigate the availability of redistribution orders to spouses applying for divorce in South Africa. / Private Law / LL. M. Choice of law Classification Closest connection Conflict of laws Connecting factor Constitutionality Divorce matters Domicile Habitual residence Lex domicilii matrimonii Lex fori Maintenance Matrimonial property Private international law Proprietary consequences of marriage Redistribution orders Same-sex marriages 346.1664 Marital property -- South Africa Marital property -- England Marital property -- Netherlands Alimony -- South Africa Alimony -- England Alimony -- Netherlands Divorce settlements -- South Africa Divorce settlements -- England Divorce settlements -- Netherlands Conflict of laws -- South Africa Conflict of laws -- England Conflict of laws -- Netherlands Domestic relations (International law) Lex fori

1

Page generated in 0.1148 seconds