Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

South Africa decisions

Decisions matching the current search

Clear filters
Family And Children [2009] ZAFSHC 112

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…

  • Divorce Pension Interest
  • Retrospective Application Of Statute
  • Section 7 8 Divorce Act
  • Section 37d Pension Funds Act
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.