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Is an order in terms of section 7(8) of the Divorce Act always possible?

No, a section 7(8) order cannot be granted if:

  • The divorce action is in respect of a marriage out of community of property entered into on or after 1 November 1984 and in terms of which the ante-nuptial contract excludes community of property, community of profit and loss and the accrual system; or
  • Your service with your employer was terminated before the date on which the divorce order is granted (because you will no longer have a “pension interest” to award as at date of divorce).

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