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DTSTART;TZID=Africa/Johannesburg:20260729T170000
DTEND;TZID=Africa/Johannesburg:20260729T200000
DTSTAMP:20260728T050853
CREATED:20260624T130528Z
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UID:3491-1785344400-1785355200@thinklegal.co.za
SUMMARY:Patrimonial Disputes in Divorce Litigation: Remedies\, Defences and Enforcement Mechanisms
DESCRIPTION: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. \nPractitioners 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. \nThis 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. \nThe 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. \nThe 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. \nThe 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. \nWho Should Attend\nThis training is suitable for: \n\nAttorneys\nCandidate legal practitioners\nAdvocates\nFamily and divorce mediators\nADR practitioners who deal with family law matters\nTrust and estate practitioners who deal with divorce-related patrimonial disputes\nOther professionals involved in divorce litigation\, settlement implementation\, asset preservation or patrimonial dispute resolution\n\nWhat Will Be Covered\nThe training will provide a structured overview of the following topics: \n\nMatrimonial property regimes as the starting point for patrimonial relief\nMarriages in community of property\, out of community of property with accrual\, and out of community of property without accrual\nCustomary marriages and foreign marriages where relevant to patrimonial disputes\nDivision of joint estates and accrual claims\nForfeiture of patrimonial benefits under section 9 of the Divorce Act\nRedistribution orders under section 7(3) of the Divorce Act\nPension interests\nAnti-dissipatory and asset-preservation relief pending divorce\nCo-owned immovable property and sale or division mechanisms\nTrusts\, companies\, and beneficial ownership disputes\nReceivers and liquidators\nRule 38A referees in complex patrimonial disputes\nSettlement-agreement drafting risks and post-divorce enforcement problems\nCommon defences\, procedural objections and litigation pitfalls\n\nKey Outcomes\nBy the end of the training\, participants should be better equipped to: \n\nIdentify the applicable matrimonial property regime and understand how it shapes the available patrimonial remedies and defences.\nDistinguish between competent claims in divorce\, such as forfeiture of patrimonial benefits\, redistribution orders\, and pension-interest claims.\nRecognise when patrimonial relief should be dealt with through pleadings\, interlocutory applications\, settlement terms\, post-divorce implementation proceedings or enforcement mechanisms.\nApply the statutory requirements and evidentiary thresholds for forfeiture of patrimonial benefits\, and assess the viability of such claims and defences.\nApply section 7(3) of the Divorce Act with a clear understanding of its jurisdictional requirements\, scope and limitations.\nAnalyse accrual disputes with reference to commencement values\, excluded assets\, valuation principles\, disclosure obligations and disputes concerning beneficial ownership.\nDraft and assess pension-related provisions with regard to statutory requirements\, timing\, wording and implementation.\nIdentify when preservation or anti-dissipatory relief is competent\, and understand the legal basis for the appointment of receivers\, liquidators or Rule 38A referees.\nAssess the relevance of trusts\, companies and nominee arrangements in patrimonial disputes\, and determine the appropriate legal approach to such structures.\nIdentify and respond to common procedural and substantive objections in patrimonial divorce litigation.\nDraft settlement agreements and court orders that are legally sound and capable of effective implementation and enforcement.\n\nParticipant Materials\nParticipants will receive: \n\nCourse manual and workbook\nRelevant legislation\nRelevant rules of court\nRelevant case law\nPractical reference materials\n\n  \nFor enquiries\, contact: \nadmin@thinklegal.co.za
URL:https://thinklegal.co.za/event/patrimonial-disputes-in-divorce-litigation/
LOCATION:Online Teams Meeting
CATEGORIES:Webinars
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