Patrimonial Disputes in Divorce Litigation: Remedies, Defences and Enforcement Mechanisms

Patrimonial disputes are central to divorce litigation. They often determine the financial outcome of the matter, shape settlement strategy, and create some of the most difficult pleading, evidentiary and enforcement issues in practice.

Practitioners must identify the applicable matrimonial property regime, characterise the correct claim or defence, preserve assets where the facts justify it, anticipate procedural and substantive hurdles, and ensure that any order or settlement agreement can be implemented.

This training provides a practical CPD-level framework for attorneys, advocates, candidate legal practitioners, mediators and other family-law professionals who deal with the patrimonial consequences of divorce.

The session moves from foundational principles to more complex litigation and implementation mechanisms. It begins with matrimonial property regimes and the characterisation of patrimonial claims and defences. It then deals with the core patrimonial remedies, including accrual claims, forfeiture of patrimonial benefits, redistribution orders and pension-related claims. From there, the training turns to asset preservation, disclosure, trusts and corporate structures, before addressing receivers, liquidators, Rule 38A referees, settlement-agreement risks and enforcement.

The focus of this training is deliberately confined to patrimonial issues in divorce litigation, and does not include a broader discussion of divorce finance or maintenance. It is directed at patrimonial claims, remedies, defences and enforcement mechanisms, with attention to how these issues arise in pleadings, interlocutory applications, settlement agreements, trial preparation and post-divorce implementation.

The training is designed to help participants approach patrimonial disputes with sharper issue identification, greater legal accuracy, and a clearer understanding of the remedies and procedural mechanisms available in divorce litigation.

Who Should Attend

This training is suitable for:

• Attorneys
• Candidate legal practitioners
• Advocates
• Family and divorce mediators
• ADR practitioners who deal with family law matters
• Trust and estate practitioners who deal with divorce-related patrimonial disputes
• Other professionals involved in divorce litigation, settlement implementation, asset preservation or patrimonial dispute resolution

What Will Be Covered

The training will provide a structured overview of the following topics:

• Matrimonial property regimes as the starting point for patrimonial relief
• Marriages in community of property, out of community of property with accrual, and out of community of property without accrual
• Customary marriages and foreign marriages where relevant to patrimonial disputes
• Division of joint estates and accrual claims
• Forfeiture of patrimonial benefits under section 9 of the Divorce Act
• Redistribution orders under section 7(3) of the Divorce Act
• Pension interests
• Anti-dissipatory and asset-preservation relief pending divorce
• Co-owned immovable property and sale or division mechanisms
• Trusts, companies, and beneficial ownership disputes
• Receivers and liquidators
• Rule 38A referees in complex patrimonial disputes
• Settlement-agreement drafting risks and post-divorce enforcement problems
• Common defences, procedural objections and litigation pitfalls

Key Outcomes

By the end of the training, participants should be better equipped to:

1. Identify the applicable matrimonial property regime and understand how it shapes the available patrimonial remedies and defences.
2. Distinguish between competent claims in divorce, such as forfeiture of patrimonial benefits, redistribution orders, and pension-interest claims.
3. Recognise when patrimonial relief should be dealt with through pleadings, interlocutory applications, settlement terms, post-divorce implementation proceedings or enforcement mechanisms.
4. Apply the statutory requirements and evidentiary thresholds for forfeiture of patrimonial benefits, and assess the viability of such claims and defences.
5. Apply section 7(3) of the Divorce Act with a clear understanding of its jurisdictional requirements, scope and limitations.
6. Analyse accrual disputes with reference to commencement values, excluded assets, valuation principles, disclosure obligations and disputes concerning beneficial ownership.
7. Draft and assess pension-related provisions with regard to statutory requirements, timing, wording and implementation.
8. Identify when preservation or anti-dissipatory relief is competent, and understand the legal basis for the appointment of receivers, liquidators or Rule 38A referees.
9. Assess the relevance of trusts, companies and nominee arrangements in patrimonial disputes, and determine the appropriate legal approach to such structures.
10. Identify and respond to common procedural and substantive objections in patrimonial divorce litigation.
11. Draft settlement agreements and court orders that are legally sound and capable of effective implementation and enforcement.

Participant Materials

Participants will receive:

• Course manual and workbook
• Relevant legislation
• Relevant rules of court
• Relevant case law
• Practical reference materials

For enquiries, contact:

[email protected]