Nicolaisen v Nicolaisen (5259/2009)
Nicolaisen v Nicolaisen (5259/2009) [2009] ZAFSHC 112 (5 November 2009)
The court found that the amendment to section 37D of the Pension Funds Act, specifically subsection (4)(d), clearly provides for retrospective application to divorce orders granted before 13 September 2007. This legislative change overrides the previous interpretation in Kirchner v Kirchner, which denied retrospective effect. The applicants, having divorced in 2002, are now entitled to have 100% of the first applicant's pension interest in the specified Old Mutual policy allocated to the second applicant as at the date of divorce. The court granted the relief sought, ordering the pension fund…
Source excerpt
- Divorce Pension Interest
- Retrospective Application Of Statute
- Section 7 8 Divorce Act
- Section 37d Pension Funds Act