Divorce Simplified SA

12/10/2026

**LANDMARK CONSTITUTIONAL COURT RULING: PENSION INTEREST AND DIVORCE IN SOUTH AFRICA**

A significant development in South African family law, particularly for couples married **out of community of property without the accrual system**.

On 9 October 2026, the Constitutional Court confirmed that Section 7(7)(c) of the Divorce Act is unconstitutional, removing a longstanding restriction that prevented certain spouses married after 1 November 1984 from seeking redistribution of their partner's pension interest.

**Why is this important?**

For many years, spouses who contributed to a marriage through raising children, managing households or supporting their partner's career could find themselves financially disadvantaged when the marriage ended.

This ruling recognises that contributions to a marriage are not always measured in financial terms.

Importantly, **this does not mean that a spouse automatically becomes entitled to 50% of their partner's pension**. It means that pension interest can now be considered in appropriate redistribution claims, subject to the circumstances and applicable legal requirements.

**From a divorce mediation perspective**, this is an important reminder that financial settlements should consider the full picture of a marriage, including contributions that may not appear on a bank statement.

Fairness in divorce is not simply about dividing assets. It is about recognising the contributions made throughout the marriage and working towards an equitable outcome.

**André Theron Mediation**
*Guiding Families Through Change with Dignity & Fairness.*

Read the article: https://www.jacarandafm.com/news/news/concourt-rules-against-pension-exclusion-in-divorce/

The ConCourt has ruled unconstitutional a Divorce Act provision preventing some spouses from claiming a share of their partner’s pension after divorce

12/10/2026

**The holidays aren't always the most wonderful time of the year. ❤️**

For those facing separation or divorce, Christmas can bring feelings of loneliness, sadness and uncertainty.

You don't have to navigate this season alone.

Join us for **DivorceCare – Surviving the Holidays**, a supportive seminar offering practical guidance, encouragement and hope as you prepare for the festive season.

📅 **Thursday, 15 October 2026**
🕕 **18:00**
📍 **Harvest Christian Church, Studio 2, 90 Albert Road, Walmer**

Everyone going through separation or divorce is welcome.

**Register here:** https://find.divorcecare.org/events/307334

Please share this with someone who may need encouragement this holiday season. ❤️

16/06/2026

🇿🇦 Youth Day reminds us of the courage shown by the young people of 1976, but it should also make us reflect on the challenges facing our youth today.

As a family mediator, I often see the impact that family conflict, separation, and absent parents have on children and teenagers. While there are many factors affecting our youth, one issue that cannot be ignored is the growing number of young people who are growing up without the guidance and involvement of a positive father figure.

Children need more than financial support. They need encouragement, boundaries, values, and someone who believes in them. When those influences are missing, many young people struggle to find direction and a sense of belonging.

This is why mentorship is so important. Every community should have programmes that connect young people with responsible adults who can guide, encourage, and support them. Sometimes one mentor can change the entire course of a young person's life.

Our schools also have a critical role to play. Education is not only about academic results. It is about preparing young people for life by teaching responsibility, respect, communication, conflict resolution, resilience, and leadership.

The future of South Africa depends on the investment we make in our youth today. Whether we are parents, grandparents, teachers, coaches, mentors, employers, or community leaders, we all have a role to play.

Today, let us honour the youth of 1976 by helping to build a generation that is supported, guided, and equipped to succeed.

Happy Youth Day, South Africa. 🇿🇦

10/06/2026

📖 NEW ARTICLE

Why do so many families end up in court when mediation could help?

One of the biggest misconceptions about divorce and family disputes is that the solution is always found in a courtroom. In reality, many disputes are not primarily legal problems—they are communication problems.

A court can determine legal rights and obligations, but it cannot rebuild trust, improve communication, or help parents learn to co-parent effectively.

🔗 Read the full article here: https://www.linkedin.com/pulse/why-do-so-many-families-still-end-up-court-when-mediation-theron-md36f

I would love to hear your thoughts and experiences in the comments.

André Theron Mediation
Guiding Families Through Change with Dignity & Fairness

In my previous article, I discussed why mediation is becoming an increasingly important part of family law in South Africa. The response generated an interesting question: if mediation is often faster, less expensive, and less adversarial than litigation, why do so many families still end up in cour

06/06/2026

📖 New Article Published
𝗪𝗵𝘆 𝘁𝗵𝗲 𝗙𝘂𝘁𝘂𝗿𝗲 𝗼𝗳 𝗙𝗮𝗺𝗶𝗹𝘆 𝗟𝗮𝘄 𝗶𝗻 𝗦𝗼𝘂𝘁𝗵 𝗔𝗳𝗿𝗶𝗰𝗮 𝗜𝘀 𝗠𝗲𝗱𝗶𝗮𝘁𝗶𝗼𝗻, 𝗡𝗼𝘁 𝗟𝗶𝘁𝗶𝗴𝗮𝘁𝗶𝗼𝗻

One of the biggest misconceptions about divorce and family disputes is that court is always the best solution.

In reality, many families are looking for something different:
✔️ Better communication
✔️ Practical parenting arrangements
✔️ Fair agreements
✔️ Less conflict for their children
✔️ A way forward that preserves dignity

As a Divorce & Family Mediator, I have seen firsthand how mediation can help families move from conflict to constructive conversations and workable solutions.

In my latest article, I explore why mediation is becoming an increasingly important part of family law and why many families are choosing dialogue over litigation.

One of the most common misconceptions I encounter is that once a parenting plan has been signed, the hard work is over. In reality, a poorly drafted parenting plan can become the source of years of ongoing conflict.

03/06/2026

Join a DivorceCare group:
Don't try to go through separation or divorce alone. Connect with a DivorceCare group either in person or online. You'll find caring people who understand the issues you face and practical counsel for decision-making and managing stress.
There is a new DivorceCare group starting tomorrow evening in Walmer, Gqeberha. Follow the link to register:

DivorceCare helps you heal from the pain of separation or divorce. Find peace of mind at this supportive group, which meets both online and in person, hosted by Harvest Christian Church.

18/05/2026

A very important judgment from the Western Cape High Court reminding parents that their duty to support their children does not simply end after school.

The Court confirmed that “educational costs” can include tertiary education, and that maintenance responsibilities must always be considered in light of the best interests of the child.

As a Divorce & Family Mediator, I often remind parents that mediation is not only about resolving conflict — it is about creating sustainable agreements that protect children’s futures.

Clear parenting plans and maintenance agreements can help families avoid costly and emotional litigation later on.

“Children’s rights and future opportunities should remain central in every family law discussion.”

— André Theron Mediation
Guiding Families Through Change with Dignity & Fairness

Source: [IOL News](https://www.iol.co.za/news/crime-and-courts/2026-05-18-court-tells-father-he-has-a-duty-to-pay-for-his-four-childrens-university-fees/?utm_source=chatgpt.com) ([iol.co.za][1])

A South African father faces legal action after refusing to pay his daughter's university fees, despite a maintenance order mandating support for all educational costs, including tertiary education.

12/05/2026

André Theron Mediation
Divorce Simplified SA
Divorce. Simplified.
________________________________________
A Simpler Way to Finalise Your Divorce
Divorce does not always need to become a long, expensive court battle.
At André Theron Mediation, I assist couples who have already decided to divorce and want a practical, affordable, and respectful process to finalise matters properly.
Through Divorce Simplified SA, I work with both parties in one structured process to help facilitate:
• Divorce settlement agreements
• Parenting plans
• Child contact and care arrangements
• Financial and property discussions
• Maintenance discussions
• Practical resolution of divorce-related matters
________________________________________
Why Use André Theron Mediation?
✔ One neutral mediator for both parties
✔ Faster and more affordable than drawn-out legal disputes
✔ Child-focused and solution-driven
✔ Practical guidance through the process
✔ Strong understanding of divorce, financial, and family law matters
✔ Private and respectful environment
________________________________________
Who Is This For?
This process works best for couples who:
• Have already decided to divorce
• Want to avoid unnecessary conflict
• Have broadly agreed on the outcome
• Want to save time and legal costs
• Want a practical and structured process
________________________________________
My Approach
I focus on helping couples move forward with dignity, clarity, and practical solutions — without unnecessary delays.
________________________________________
Contact
André Theron
André Theron Mediation
Divorce Simplified SA
📞 +27 82 676 1492
✉️ [email protected]
📍 Gqeberha | Online Consultations Available
One Process • One Mediator • For Both Parties

I provide professional mediation services focused on assisting individuals and attorneys… · Experience: Andre Theron Mediation · Education: Mediation Academy South Africa (Pty) Ltd · Location: Port Elizabeth Metropolitan Area · 326 connections on LinkedIn. View ANDRE THERON’s profile on Link...

14/04/2026

This is my second article talking about the "battlefield". The pain of what I see in my clients is what inspired me to write this and to shift lots of my focus to Divorce Mediation. It is a passion and a calling.

Divorce has a way of escalating. What often begins as a breakdown in communication quickly turns into a legal battle—over money, children, assets, and, at times, even principles.

13/04/2026

We do all types of divorces. Does not matter how far your process is. We get involved and get it done.