Amend Divorce Settlement Agreement In South Africa

1.2 The complainant is entitled to 50% of the defendant`s maintenance interest calculated at the time of divorce. The application to amend divorce decisions containing consents has been the subject of debate for impensaable periods. Our courts have challenged whether the terms of a consent document can vary at the request of an aggrieved party. Section 8(1) of the Act provides that a maintenance order or an order relating to the custody, guardianship or treatment of a child, adopted in accordance with the law, may be annulled or amended at any time or, in the case of a maintenance order or an order concerning the treatment of a child, be suspended by a court, if the Tribunal finds that there is sufficient reason to do so. It is interesting to note that Article 8(1) does not provide for the variation of property consequences in a divorce order. On 2 August 1, 2012, the court issued a final divorce order and the manner in which the joint succession was to be distributed was not ordered. There was no settlement instrument filed in the court file or court order. Nor did the Tribunal mention any oral agreement between the parties. One of the main assets of the joint estate was the Transport pension fund, of which the respondent was a member. The defendant had been a member of that fund throughout the marriage and, therefore, his share in the fund was part of the joint estate. Normally, the applicant would be entitled to half a share of the defendant`s participation in such a fund or at least half a share for the duration of the marriage, unless the defendant had obtained a disqualification order against her.

As a general rule, the conditions of childcare and contact arrangements are changed for one of the above reasons (or for others). Indeed, we recommend that the education plan contain a revision date and that it be regularly reviewed to recognize the changes that take place with the growth of a child. The application to amend the court order, which sets out care and contact, must be made to the High Court and the family lawyer must be informed.. . . .