Director at DDKK Attorneys wins LexisNexis prize

Magdeleen de Klerk, director at DDKK Attorneys

The award recognises the best article by a practising attorney published in De Rebus, the Law Society of South Africa's official journal of the attorneys' profession.

Her article, entitled 'Fair Divorce: Misconduct Does Not Play a Role in Forfeiture Claims', challenges the misconception that misconduct in a marriage justifies the forfeiture of benefits.

"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," she wrote.

Substantial misconduct

"I have noticed that the concept was misunderstood by some of my colleagues and even judicial officers. I wanted to share this knowledge in this regard with my colleagues and if possible shed some light on the subject," De Klerk said. "Even if substantial misconduct is proved, forfeiture will not be granted (against the alleged 'guilty' party) if he/she has contributed."

The winner of the 2015 LexisNexis prize for the best article contributed to De Rebus by a practicing attorney will receive a Lenovo Tablet, as well as 12 months free access to LexisMobile, the electronic loose-leaf solution which was a runner-up in the 2014 MTN Business App of the Year Awards.

Interested attorneys are encouraged to send in an article not exceeding 2,000 words in length and should comply with the general De Rebus publication guidelines. The article must be published between 1 January 2015 and 31 December 2015.