If you are married in community of property or married out of community of property with the accrual system, then you will have to consider “pension interest.” This is could refer to the spouse’s legal interests in each other’s pension funds, provident funds or retirement annuities.
When you are married out of community of property with the accrual system applicable the pension interest will only apply in the calculation of the accrual. An attorney will be able to assist you with this.
You can either indicate a percentage relating to the pension interest that must be paid out or an amount as long as the amount does not exceed the value of the pension interest.
If you have a pension interest and your spouse is entitled to it, then you should disclose this in your divorce summons. You should include to what the spouse is entitled to and give the full particulars of the fund that the spouse can receive when the divorce order is given. This applies to both parties to the proceedings.
Ensure that you mention the Divorce Act, 70 of 1979 and the Pension Fund Act, 24 of 1956 in the pension clause. Obtain the necessary advice from the Registrar to assist you to complete this clause with reference to the clause in the mentioned Acts applicable. This marital regime will also have an influence on the pension fund interest and the wording of the clause.
If there is a substantial dispute about the pension funds, or if you are uncertain as to what you are entitled to, you should to seek legal counsel before proceeding.