Practical Guide to Patrimonial Litigation in Divorce Actions, A
A Practical Guide to Patrimonial Litigation in Divorce Actions identifies the most common claims which arise in divorce actions.
One Year Subscription Only Terms
Subscribers receive the product(s) listed on the Order Form and any Updates made available during the annual subscription period. Shipping and handling fees are not included in the annual price.
Subscribers are advised of the number of Updates that were made to the particular publication the prior year. The number of Updates may vary due to developments in the law and other publishing issues, but subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information.
Subscribers may cancel this subscription by: calling Customer Support at 800-833-9844; emailing customer.support@lexisnexis.com; or returning the invoice marked 'CANCEL'.
If subscribers cancel within 30 days after the product is ordered or received and return the product at their expense, then they will receive a full credit of the price for the annual subscription.
If subscribers cancel between 31 and 60 days after the invoice date and return the product at their expense, then they will receive a 5/6th credit of the price for the annual subscription. No credit will be given for cancellations more than 60 days after the invoice date. To receive any credit, subscriber must return all product(s) shipped during the year at their expense within the applicable cancellation period listed above.
Product description
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.
Table of contents
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
