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Monday 08:00 - 16:30 Tuesday 08:00 - 16:30 Wednesday 08:00 - 16:30 Thursday 08:00 - 16:30 Friday 08:00 - 16:30

BILL TOLKEN HENDRIKSE INC., 1 Sarel Cillers Street, Bellville (2026)

27/05/2026

Divorce & Pension Rights in South Africa: What spouses need to know

A pension is often one of the most valuable assets built up during a marriage. But in South African divorce law, whether one spouse can claim against the other spouse’s pension interest depends on the marriage regime and the wording of the divorce order.

In terms of the Divorce Act 70 of 1979, a pension interest may be taken into account when determining the patrimonial consequences of divorce. However, it is not always an automatic claim.

Your marital regime matters:

If you are married in community of property, the pension interest usually forms part of the joint estate.

If you are married out of community of property with accrual, the pension interest may be relevant when calculating the accrual.

If you are married out of community of property without accrual, there is generally no automatic share unless the parties agree, or a court order provides otherwise.

A divorce order must also be clear. It should identify the specific pension fund and state the exact percentage or portion awarded. If the order is vague, the fund may refuse to implement it.

The recent case of MM v OM 2024 (3) SA 133 (GP) is an important reminder: where divorce proceedings begin before a pension payout, the pension interest can still form part of the joint estate.

Before signing any settlement agreement, make sure you understand the pension consequences.

General information only. Not legal advice.

Tel: 021 002 5371 / 021 944 3000
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21/05/2026

Divorce & Hidden Assets in South Africa: What You Need to Know

In divorce proceedings, both spouses are expected to make full and honest financial disclosure.

When one party tries to hide assets - whether by transferring property to family members, moving money offshore, manipulating business records, under-declaring income, or concealing crypto - it can seriously affect the fair division of the matrimonial estate or accrual claim.

Hidden assets may be uncovered through:

• Court-ordered disclosure of bank statements, tax records and contracts
• Forensic accounting and transaction tracing
• Lifestyle audits comparing spending habits to declared income
• Subpoenas issued to banks, employers or third parties
• Digital evidence such as emails, electronic records and social media activity

South African courts may respond by drawing adverse inferences, attributing value to undisclosed assets, setting aside suspicious transfers, ordering costs against the dishonest party, or taking further legal action in serious cases.

If you suspect that assets are being hidden, act early. The sooner you get legal advice, the better your chances of protecting your rights.

For specialist family law advice, contact Bill Tolken Hendrikse Inc.

Tel: 021 002 5371 / 021 944 3000
📍STELLENBOSCH | 📍BELLVILLE
Email: [email protected] / [email protected]
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15/05/2026

Family Law Support When It Matters Most ⚖️

At Bill Tolken Hendrikse Inc., we understand that family law matters are often deeply personal, emotional, and life-changing.

Our experienced team assists clients with a wide range of family law services, including children’s matters, maintenance, domestic violence, divorce, separation, antenuptial contracts, cohabitation and domestic partnerships, mediation, and matrimonial property disputes.

Whether you need guidance on a parenting plan, support through a divorce, or advice on your rights and responsibilities, our team is here to provide clear, practical, and compassionate legal assistance.

With offices in Stellenbosch and Bellville, we are committed to helping individuals and families protect their rights and move forward with confidence.

Tel: 021 002 5371 / 021 944 3000
📍STELLENBOSCH | 📍BELLVILLE
Email: [email protected] / [email protected]
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07/05/2026

Can You Stop Paying Maintenance If You Are Denied Contact? ⚖️

The short answer: No.

In South African law, child maintenance and contact are separate legal issues. A parent may feel frustrated, hurt or unfairly treated if they are being denied contact with their child, but they cannot simply stop paying maintenance as a way to force contact.

Child maintenance is the child’s right, not a bargaining tool between parents.

Under the Maintenance Act 99 of 1998, both parents have a legal duty to support their child according to their respective means. This duty includes reasonable contributions towards the child’s living expenses, education, medical care, clothing, food and accommodation.

The Children’s Act 38 of 2005 recognises parental responsibilities and rights, including the responsibility to care for the child, maintain contact with the child, act as guardian where applicable, and contribute to the child’s maintenance. These responsibilities must be exercised in the child’s best interests.

If one parent is unlawfully preventing contact, the correct step is to seek legal advice and approach the appropriate court to enforce or vary contact arrangements - not to stop paying maintenance.

Stopping payment can lead to serious consequences, including:

• maintenance enforcement proceedings
• salary attachment orders
• possible contempt or criminal consequences
• arrear maintenance building up over time

The same principle works both ways: a parent should also not withhold contact simply because maintenance has not been paid. The child should not be placed in the middle of adult conflict.

For guidance on maintenance, contact disputes or parenting arrangements, contact our offices and make an appointment for expert legal advice from our family law attorneys.

Tel: 021 002 5371 / 021 944 3000
📍STELLENBOSCH | 📍BELLVILLE
Email: [email protected] / [email protected]
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30/04/2026

Parental leave in South Africa has changed - and the law now recognises that parenting is not one-size-fits-all. ⚖️

In Van Wyk v Minister of Employment and Labour, the Constitutional Court confirmed that South Africa’s old parental leave system unfairly treated parents differently based on gender, childbirth, adoption, and surrogacy. The Court found that this was inconsistent with the constitutional rights to equality and dignity.

Before this judgment, birth mothers received 4 months of maternity leave, while fathers and many other parents received far less. The Court held that this reinforced outdated ideas that one parent must automatically carry most of the caregiving role.

The Court suspended the declaration of invalidity for 36 months to give Parliament time to amend the legislation. In the meantime, an interim system applies: qualifying parents have access to a combined total of 4 months plus 10 days of leave, which can be shared between them by agreement, or divided equally if they cannot agree. A single parent, or the only employed parent, may take the full entitlement.

Importantly, the judgment does not mean that each parent automatically gets 4 months of leave. It means the total available leave is shared, while still protecting the birth mother in relation to pregnancy and recovery after birth.

This judgment is an important step toward recognising modern families more fairly - including biological parents, adoptive parents, and commissioning parents in surrogacy arrangements. It also means employers should review their leave policies carefully to ensure they are not unfairly discriminatory.

Bill Tolken Hendrikse Inc
Family law insights for modern South African families.

Tel: 021 002 5371 / 021 944 3000
📍STELLENBOSCH | 📍BELLVILLE
Email: [email protected] / [email protected]
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23/04/2026

Separate estates do not always mean separate outcomes. ⚖️

A recent KZN judgment, EM v LM (2025), is an important reminder that even in a marriage out of community of property without accrual, a court may still grant a redistribution order in the right circumstances.

The case also highlights that long-term pre-marital cohabitation, especially where the parties lived like spouses, may matter. Contributions are not only financial. Homemaking, childcare, emotional support, and helping create stability over many years can also carry real weight.

For couples and families, the message is clear: the marriage contract matters, but so do the facts, the history of the relationship, and each partner’s contribution.

Bill Tolken Hendrikse Inc assists clients with divorce, redistribution claims, cohabitation disputes, and universal partnership matters.

For information purposes only. Not legal advice.

Contact our offices and make an appointment for expert legal advice from our family law attorneys.

Tel: 021 002 5371 / 021 944 3000
📍STELLENBOSCH | 📍BELLVILLE
Email: [email protected] / [email protected]
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08/04/2026

Full Financial Disclosure Matters in Maintenance Cases ⚖️

In South African maintenance matters, honesty is not optional. Whether the issue is child maintenance or interim maintenance during divorce proceedings, the court needs a clear and accurate picture of both parties’ finances before it can make a fair order. Under the Maintenance Act, a maintenance officer may investigate the financial position of the people affected, and in High Court divorce matters, Rule 43 requires sworn statements when interim maintenance or a contribution to legal costs is sought.

That means income, expenses, assets, debts and supporting documents all matter. Salary alone is not always the full story. Bank statements, proof of living expenses, school costs, medical costs and other financial records can play an important role in showing both a child’s reasonable needs and each parent’s ability to contribute.

If information is incomplete, misleading or deliberately false, it can seriously damage a case. The Maintenance Act creates an offence for false information in statements admitted as evidence, and courts are entitled to make decisions based on the evidence properly placed before them.

In practice, one of the biggest problems in maintenance disputes is poor disclosure. Undeclared income, inflated expenses, missing documents and vague financial claims can all weaken an application and delay a fair outcome. Good preparation is often what makes the difference between a frustrated process and a properly motivated case.

At Bill Tolken Hendrikse Inc, we help clients prepare maintenance matters with care, accuracy and credibility. Clear financial disclosure does not just protect your case - it helps the court reach a fair result.

Contact our offices and make an appointment for expert legal advice from our family law attorneys.

Tel: 021 002 5371 / 021 944 3000
📍STELLENBOSCH | 📍BELLVILLE
Email: [email protected] / [email protected]
Follow us on: Instagram / Facebook /LinkedIn

03/04/2026

As we welcome the Easter weekend, we would like to extend our sincere wishes to all our valued clients and their families.

May this special time bring you peace, rest, and renewal, and may it be filled with meaningful moments with those closest to you.

Thank you for your continued trust and support. We value the opportunity to assist you and remain committed to serving you with care, integrity, and dedication.

From all of us at Bill Tolken Hendrikse Inc, we wish you a blessed and peaceful Easter.

29/03/2026

Revenge Divorce? It Could Cost You More Than You Think ⚖️

Divorce is emotional. But under South African law, it is not a tool to punish a spouse or “win” against them.

A divorce is granted where there has been an irretrievable breakdown of the marriage - not because one party wants revenge.

When emotions take over, people may try to drag out proceedings, refuse to cooperate, hide information, or use children as leverage. But these actions often do far more harm than good. They can increase legal costs, delay the finalisation of the matter, and place serious emotional strain on everyone involved.

Where children are concerned, the court’s focus remains clear: their best interests come first. Parenting plans and care arrangements must be guided by what is best for the child - not by conflict between parents.

A hostile divorce can also have financial consequences. Courts may be asked to deal with interim maintenance, contributions toward legal costs, and other urgent issues while the divorce is still pending. In the end, revenge often costs more than people expect - emotionally, practically, and financially.

In many cases, a more constructive path is to focus on fair outcomes, sound legal advice, and where appropriate, negotiation or mediation.

Because in family law, acting out of anger rarely brings peace - but it can leave lasting consequences.

Bill Tolken Hendrikse Inc.
Family law guidance grounded in experience, strategy, and the realities of South African law.

Contact our offices and make an appointment for expert legal advice from our family law attorneys.

Tel: 021 002 5371 / 021 944 3000
📍STELLENBOSCH | 📍BELLVILLE
Email: [email protected] / [email protected]
Follow us on: Instagram / Facebook /LinkedIn

22/03/2026

We are dedicated to protecting and enforcing the rights of individuals in personal and family relationships. Our practice focuses on a wide range of Family Law matters, including:

• Children’s matters, including the best interests of the child, relocation, parenting plans, parental rights and responsibilities, and guardianship
• Maintenance matters
• Domestic violence matters
• Divorce and separation
• Civil unions, cohabitation, and domestic partnerships
• Ante-nuptial contracts
• Alternative dispute resolution, including mediation and arbitration
• Matrimonial property law, including the proprietary consequences of marriage and disputes involving trusts, companies, close corporations, and other business structures in divorce proceedings

Contact our offices and make an appointment for expert legal advice from our family law attorneys.

Tel: 021 002 5371 / 021 944 3000
📍STELLENBOSCH | 📍BELLVILLE
Email: [email protected] / [email protected]
Follow us on: Instagram / Facebook /LinkedIn

11/03/2026

Can a Sibling Claim Maintenance From You in South Africa? ⚖️

Most people know that parents must support their children.
But many South Africans are surprised to learn that siblings may also have a legal duty to support each other in certain circumstances.

Under South African law, this duty arises from common law family responsibilities and is enforced through the Maintenance Act 99 of 1998.

When Can a Sibling Claim Maintenance?

A sibling may approach the Maintenance Court for financial support only if closer relatives cannot provide assistance, such as when:
• Parents or grandparents are deceased, missing, or unable to support the person.
• The person claiming maintenance cannot support themselves.
• The sibling being asked to contribute has the financial means to assist.

What Can Maintenance Cover?

If a court grants the claim, the support may help cover basic living needs, such as:
• Food
• Accommodation
• Clothing
• Medical care
• Education

How the Process Works

A Maintenance Court will investigate both parties before making an order:
1️⃣ The applicant must prove genuine financial need (indigence).
2️⃣ The court examines the financial means of the sibling who is asked to contribute.
3️⃣ If there are several siblings with means, the responsibility may be shared fairly.

Important to Know

These cases are relatively rare and the threshold is high. Courts generally encourage families to resolve support issues privately where possible before turning to legal proceedings.

However, the law reflects an important principle: family members may have legal duties to support one another when no one else can.

📌 This post is for educational purposes and relates to South African family law.

Contact our offices and make an appointment for expert legal advice from our family law attorneys.

Tel: 021 002 5371 / 021 944 3000
📍STELLENBOSCH | 📍BELLVILLE
Email: [email protected] / [email protected]
Follow us on: Instagram / Facebook /LinkedIn

BILL TOLKEN HENDRIKSE INC.

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Monday	08:00 - 16:30
Tuesday	08:00 - 16:30
Wednesday	08:00 - 16:30
Thursday	08:00 - 16:30
Friday	08:00 - 16:30