Enforcing divorce orders and maintenance claims against retirement funds and annuities 2026

The business of providing pensions is highly regulated, where retirement funds operate under strict statutory limitations. The enforcement of divorce orders and maintenance orders are therefore subject to the limitations as prescribed in the applicable sections of not only the Pension Funds Act, 1956 but also the Divorce Act, 1979 and the Maintenance Act, 1998. 

This nine-hour course will be split into two sections – one section dealing with the requirements for a divorce order claim to be enforceable against a fund, and the other section explaining the requirements for a maintenance order to be enforceable against a members’ retirement fund and/or annuities. 

The cases discussed will provide more insight into disputes arising in the context of unenforceable orders and other matters of importance. 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.

When and where?

3 to 5 November 2026, 14:00 to 17:00 SAST

2027 dates: 22 to 24 June 2027, 9:00 to 12:00 SAST

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

Course outline

Divorce order claims

• Unpacking the Divorce Act, 1979
• What is pension interest?
• The requirements for a divorce order to be enforceable against a fund
• Common problems with court orders
• How the two-pot changes impacted divorce order claims
• Case law 

Maintenance order claims

• Unpacking the Maintenance Act, 1998
• The requirements for enforcing maintenance orders against retirement funds and compulsory annuities post retirement
• The concept of future maintenance and the problems with enforcing these claims
• Case law  

Who will benefit from this course?

Attorneys, legal advisors, trustees, fund administrators, fund consultants and anyone with a keen interest in pension law.

Presenter

Lize De La Harpe is a senior legal advisor within the Regulatory Division of Sanlam Life and Savings. She is an admitted attorney with nearly 20 years financial services experience. She obtained her LLB degree from the University of Stellenbosch in 2005 and a Postgraduate Diploma in Financial Planning (CFP) from the University of the Free State in 2008. 

Lize currently serves as the Chairperson of the Sanlam Unclaimed Benefit Pension & Provident Funds as well as the Sanlam Beneficiary Fund. She also serves as a trustee on the Sanlam Easy Retirement Plan Fund, as alternate trustee on the Sanlam Staff Umbrella Fund and as a member elected representative for the Sanlam Group (as a participating employer) of the Sanlam Umbrella Fund Joint Forum. She currently serves on the National Steering Committee of the Pension Lawyers Association as well as on ASISA's legal and technical committee. 

How much?

2026: R4,950 per person

2027: R5,895 per person

Certificate

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

Please note that the digital certificate can only be viewed on a secure portal. It cannot be downloaded or printed. You will have the option of ordering a hard copy of the certificate at your own cost, including the cost of the courier fee. More information is available here.

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