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Practical Guide to Patrimonial Litigation in Divorce Actions, A

Publication Language: English

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ISBN/ISSN: MOBPATLITDION
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R1,358.59
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ISBN/ISSN: 060PATLITDSYS
Published: November 05, 1999
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ISBN/ISSN: 9780409065350
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Product details

A Practical Guide to Patrimonial Litigation in Divorce Actions is a subscription based product including both the printed loose-leaf and LexisMobile publications. Updates for 12 months (print and mobile) are included in the price.

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.

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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