Divorce Article 14: Miscellaneous matters regarding divorce

In our previous article, we briefly discussed redistribution orders. In this article, we shall consider some final miscellaneous matters regarding divorce.

The effect that a divorce will have on a will – succession:

It is commonplace that during a marriage one party will nominate the other as a beneficiary under their will. If the party in question amends their will after the divorce then the matter ends there and the former spouse will not inherit in the event of death. However, we will consider what happens if after the divorce the party in question fails to remove the former spouse from their will. This is regulated in Section 2B of the Wills Act 7 of 1953 as follows:

If any person dies within three months after his marriage was dissolved by divorce or annulment by a competent court and that person executed a will before the date of such dissolution, that will shall be implemented in the same manner as it would have been implemented as if his previous spouse had died before the date of the dissolution concerned, unless it appears from the will that the testator intended to benefit his previous spouse notwithstanding the dissolution of his marriage.

This means that the former spouse will have been deemed to have died before the order of divorce was granted and will not inherit. Therefore it is recommended that if the former spouse is a beneficiary of a will at the time of the divorce that the will be revoked.

Rescission, suspension or variation or orders:

Due to the fact that matters are bound to change maintenance orders may be rescinded (terminated) or varied. Guardianship or custody orders in regards to children may also be suspended or varied.

Judicial Separation:

As previously stated orders for judicial separation have been abolished by the Divorce Act.  

***Kindly note that the contents of this article are intended for information purposes only and does not constitute legal advice. Please consult an attorney.

This will conclude our discussions on divorce. In our next article, we shall consider the rights of married and unmarried fathers to their children.