Rosa Van Niekerk Attorneys

Rosa Van Niekerk Attorneys www.rvnattorneys.co.za

Rosa Van Niekerk Attorneys will provide excellent service in civil law, criminal law, family law, drafting of contract and all other legal fields.

To my left and right hand! Thank you for 7 years of hard work, love and loyalty at Rosa Van Niekerk Attorneys! I really ...
04/06/2026

To my left and right hand! Thank you for 7 years of hard work, love and loyalty at Rosa Van Niekerk Attorneys! I really appreciate you Natasha Rosa Van Niekerk Attorneys

Rosa Van Niekerk Attorneys is looking for a motivated and detail, oriented Junior Collector to join our team and start i...
02/06/2026

Rosa Van Niekerk Attorneys is looking for a motivated and detail, oriented Junior Collector to join our team and start immediately.

PHONE: (+27) 010 110 9500
EMAIL: [email protected]
EMAIL: [email protected]
ADDRESS: Shop 4, 22 Allen Street, Westonaria

01/06/2026



When a marriage in community of property dissolves, the default position is an equal division of the joint estate. However, Section 9(1) of the Divorce Act 70 of 1979 grants courts the discretionary power to order that a party forfeit their patrimonial benefits, either wholly or in part. To do this, the court must perform a delicate balancing act involving three distinct statutory factors: the duration of the marriage, the circumstances that led to its breakdown, and any substantial misconduct by either party. Crucially, Section 7(7)(a) explicitly deems a spouse's pension interest to be an asset within that joint estate, making it fully subject to these forfeiture applications.

The judicial blueprint for evaluating these claims is rooted in the landmark Supreme Court of Appeal decision, Botha v Botha [2006] ZASCA 6. In Botha, the court established a definitive two-step approach :

Factual Inquiry: Determining if the party will financially benefit from a 50/50 split.
Value Judgment: Assessing if that benefit is "undue" based on the statutory factors.

Crucially, the court clarified that the three statutory factors do not need to be present cumulatively; a forfeiture order can be granted even if only one factor points toward it, ensuring fairness over rigid checklists.

However, this statutory discretion is heavily guarded against over-indexing on an isolated mistake. In Mashola v Mashola [2023] ZASCA 75 (referencing BS v PS [2018] ZASCA 37), the Supreme Court of Appeal emphasized that courts must evaluate the marriage holistically. Mashola warns judges against isolating a single incident of misconduct such as a standalone act of adultery without weighing it against the entire context, including the actual duration of the marriage and the respective contributions of the parties.

When courts apply this holistic framework to cases where one spouse was an unemployed homemaker, a unique tension arises. South African jurisprudence strongly values non-financial domestic contributions such as child-rearing and managing the household viewing them as vital to the stability of the family unit. Yet, when private infidelity escalates into public humiliation (such as flaunting an extra-marital pregnancy on social media while the marriage still subsists), the nature of the misconduct changes.

This balanced approach protects a homemaker's domestic contributions by preserving their share of general joint assets, while ruling that substantial misconduct makes any claim to the innocent spouse's pension fund entirely "undue." Ultimately, while domestic labour shields against total forfeiture, that protection can be shattered by a pattern of behaviour that fundamentally disrespects the dignity of the marriage.

31/05/2026

Leer meer oor die vermindering van 'n bestaande onderhoudsbevel.

PHONE: (+27) 010 110 9500
EMAIL: [email protected]
EMAIL: [email protected]
ADDRESS: Shop 4, 22 Allen Street, Westonaria

28/05/2026

I truly loved chatting to Panache Farzana on Visionary Pulse, DSTV Channel 345, about my journey as a survivor of domestic violence and how those experiences shaped me into the person I am today.

It was an honour to share my story, my growth, and the lessons I’ve learned along the way. If my journey can inspire even one person to find strength, healing, and hope, then it was all worth it.

Thank you, Farzana, for creating a platform where real stories can be shared and meaningful conversations can take place.



WATCH FULL EPISODE: https://www.youtube.com/watch?v=fC2hVsNfmOw

INX Prime | DSTV Channel 345 | www.inxprime.com

Shout out to my newest followers! Excited to have you onboard!Tasneem Moosa, Ronél Müller, Kobie Markram Bianchina, Lize...
27/05/2026

Shout out to my newest followers! Excited to have you onboard!

Tasneem Moosa, Ronél Müller, Kobie Markram Bianchina, Lize-Mari Coetzee, Jenny Potgieter, Tini Engelbrecht, Ferdie Beukman, Helen Hofmeyr, Corrie Snyder, Adri Harrison, Geraldine Meiring, Monique Swanepoel, Mercia Arendse, Sandra Meyer, Frieda Momberg Koen, Hanna Erasmus, Sonja Snyman, Anet Burger, Manie van Wyk, Daleen Becher, Trevor Coetzee, Mariet Mowers, Grace-lynn Witbooi, Yvonne Serfontein, Mitcha Mienies, Sandra Jantjies, Jacobus Booysen, Adri Morris, Kara Watson, Irene Zylstra, Annatjie De Koker, Jaco Snyders, Elvin Louw, Michael Ceasar, Magdelene Ismail, Patrick Van Rooyen, Nella Aftica, Margaret Fortuin, Tilla Otto, Anthony Jaftha, Jennice Barends, Russel Arends, Brendan De Bruyn, Eleanor Roos, Nadine Swattie, Lizette Grootetjie, Cathleen Delacruz, Jolene Geswent, Glen Vermaak, Kimozell Kalsen

Address

Edcod Centre, Shop No. 12, 67 Edwards Avenue
Westonaria
1780

Telephone

+27101109500

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