The “Clean Break” Principle

Assets that are Typically Divided

• Property: The family home, holiday homes, and other properties are usually divided between the spouses.

• Retirement funds: A portion of the husband’s retirement fund may be allocated to the wife, depending on the circumstances.

• Investments: Shares, unit trusts, and other investments are typically divided between the spouses.

• Vehicles: Cars, motorcycles, and other vehicles may be divided or sold, with the proceeds split between the spouses.

• Household contents: Furniture, appliances, and other household items are usually divided between the spouses.

Factors that Influence the Division of Assets

• The length of the marriage: Longer marriages often result in a more equal division of assets.

• The contributions made by each spouse: The court considers the financial and non-financial contributions made by each spouse during the marriage.

• The financial needs of each spouse: The court aims to ensure that each spouse has sufficient assets to meet their financial needs.

Maintenance and Child Support

• In conclusion, a wife’s entitlements in a divorce settlement in South Africa depend on various factors, including the length of the marriage, the contributions made by each spouse, and the financial needs of each spouse. The court aims to achieve a fair and equitable outcome, dividing assets in a way that allows each spouse to move forward independently.