oa De Rebus - Fair divorce : misconduct does not play a role in forfeiture claims : feature

Volume 2014, Issue 540
  • ISSN : 0250-0329



There is a general misconception in divorce litigation that a finding of 'substantial misconduct' on the part of a spouse who, for example, had extra marital affairs, justifies an order for forfeiture of the benefits of a marriage in community of property or, alternatively, the right to share in the accrual. Substantial misconduct on the part of a spouse is, however, only one of the factors that the court may take into consideration in this regard.

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