Divorce orders and pension interest claims 2025

If a divorce order claim in respect of pension interest does not strictly meet the requirements as set out in the Divorce Act, 1979 read together with the Pension Funds Act, 1956, it will not be enforceable against the fund in question.

This six-hour course will explain the requirements for a divorce order to be enforceable against a fund. The cases discussed will provide more insight into disputes arising in the context of unenforceable orders and other matters of importance.

When and where?

We are pleased to present this course twice in 2025:

• 1 to 2 April 2025, 09:00 to 12:00 SAST
• 1 to 2 July 2025, 09:00 to 12:00 SAST

This course will be held remotely, most likely on Zoom.

Course outline

In this course, we will cover:

1. Legislative overview:
   1. Pension Funds Act, 1956
   2. Divorce Act, 1979
2. What is pension interest?
3. The requirements for a divorce order to be enforceable against a fund
4. Problem areas:
   1. Orders making provision for interest or growth
   2. Marriage in community of property
   3. Preservation funds and pre-November 2008 divorce orders
   4. Deferred pensioners
   5. What if the member has already retired from the fund?
   6. The order is unenforceable – where to next?
5. Non-member spouse – right to information from the fund
6. Case law

Who will benefit from this course?

Attorneys, legal advisors, trustees, fund administrators, fund consultants

Presenter

Lize De La Harpe is an admitted attorney currently employed by Sanlam Corporate as a Senior Legal Advisor. She has 15 years financial services industry experience as well as extensive knowledge of pension fund law. She holds the following qualifications - a LLB from the University of Stellenbosch, a CFP from the University of the Free State and a Certificate in Compliance Management from UCT. She is a member of the Pension Lawyers Association, IRFA and Batseta. Her 15 years’ experience in the financial services industry includes that of senior legal adviser, acting as a principal officer, serving as a trustee on several retirement fund boards, engaging regularly with regulators, as well as having responsibility for the drafting of fund rules, various fund service level agreements and providing legal advice to funds and administrators on fund matters.

How much?

2025 course fee: R2 970 per person`

Certificate

A digital certificate from UCT will be issued to those who attend the full course.

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