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Civil Procedure [2022] ZAFSHC 98

Fourie v Vrystaat Munisipale Pensionfond and Others (2973/2021)

Fourie v Vrystaat Munisipale Pensionfond and Others (2973/2021) [2022] ZAFSHC 98 (20 May 2022)

The court found that the third respondent's pension interest ceased to exist as an asset for division when he exited the Fund before the divorce. Therefore, the divorce order directing the Fund to pay a portion of his pension interest to the applicant is ineffectual. The Fund was entitled to withhold the entire pension benefit under section 37D(1)(b)(ii) of the Pension Funds Act due to pending civil claims for misappropriation of funds, and this right extended mutatis mutandis to the applicant as a non-member spouse. The applicant's claim for unpaid pension benefits prescribed three years aft…

  • Divorce Pension Interest
  • Prescription Of Debt
  • Section 37d Pension Funds Act
  • Enforceability Of Divorce Order
  • Non Member Spouse Entitlement
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