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The division of living annuities upon divorce : a call for reform
Mini-dissertation (LLM (Private Law))--University of Pretoria, 2025.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2025
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| _version_ | 1867613542478249984 |
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| access_status_str | Open Access |
| author2 | Nagtegaal, A. |
| author_browse | Nagtegaal, A. |
| author_facet | Nagtegaal, A. |
| collection | Thesis |
| dc_rights_str_mv | © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini-dissertation (LLM (Private Law))--University of Pretoria, 2025. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/103679 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:48.227Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/103679 The division of living annuities upon divorce : a call for reform Nagtegaal, A. nomonderagophala@gmail.com Ragophala, Nomonde Lydia UCTD Living annuities Pension interest Pension benefit Pension fund Divorce Mini-dissertation (LLM (Private Law))--University of Pretoria, 2025. Whilst it is not uncommon for things to get unpleasant between two parties when divorce is looming, that does not warrant behaviour that intentionally prejudices another spouse and robs them off that which they are legally entitled to. In recent times, there has been a trend of member spouses purchasing living annuities with pension benefits during (or in the time leading up to) divorce proceedings. This dissertation addresses this trend from a legal perspective looking at the law regulating living annuities in South Africa as well as delving into the important concepts of pension benefits and pension interests in relation to living annuities. The law regulating living annuities in South Africa has been unclear and the legislature and courts have failed to adequately appreciate and resolve the prejudice caused by member spouses to non-member spouses when purchasing living annuities during (or prior to) divorce proceedings. It is of utmost importance that, whenever the court is faced with an issue involving married parties, it ought to give due regard to matrimonial property principles and seek aid relying on these principles. The Divorce Act 70 of 1979 also plays an important role when dealing with the issue at hand. Sections 7(7) and 7(8) of the Divorce Act have changed the narrative in respect of the question of whether pension interest is an asset in that, according to section 7(7), pension interest is deemed to be an asset in the estate of the member spouse and section 7(8) empowers the court to order pension funds to pay out portions of their member spouses’ pension interests to non-member spouses. Although the Divorce Act has to a certain extent addressed issues pertaining to division of pension benefits at divorce, the problem of living annuities remains and law reform in this area is necessary. Private Law LLM (Private Law) Unrestricted Faculty of Laws 2025-07-30T04:25:57Z 2025-07-30T04:25:57Z 2025-09 2025-07 Mini Dissertation * S2025 http://hdl.handle.net/2263/103679 https://doi.org/10.25403/UPresearchdata.29665688 en © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Living annuities Pension interest Pension benefit Pension fund Divorce The division of living annuities upon divorce : a call for reform |
| title | The division of living annuities upon divorce : a call for reform |
| title_full | The division of living annuities upon divorce : a call for reform |
| title_fullStr | The division of living annuities upon divorce : a call for reform |
| title_full_unstemmed | The division of living annuities upon divorce : a call for reform |
| title_short | The division of living annuities upon divorce : a call for reform |
| title_sort | division of living annuities upon divorce a call for reform |
| topic | UCTD Living annuities Pension interest Pension benefit Pension fund Divorce |
| url | http://hdl.handle.net/2263/103679 https://doi.org/10.25403/UPresearchdata.29665688 |