VIDEO INTERVIEW: Local lawyer wins coveted prize

POLOKWANE – Local family law specialist, Magdeleen de Klerk recently won the coveted 2014 LexisNexis prize for legal practitioners.

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. The prize is sponsored annually by LexisNexis, a provider of content and technology solutions for the legal and professional markets.

Her article titled, 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,” she wrote in her article.

“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 continued. De Klerk, a director at DDKK Attorneys Incorporated, has 21 years’ experience and found general misconceptions within the industry, compelling her to pen the article, dismissing the fallacies of marriage forfeiture claims.

“I noticed that the concept was misunderstood by some of my colleagues and even judicial officers. I wanted to share my 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 or she has contributed.”

Following the publication of the piece in April 2014, De Klerk received positive feedback from colleagues as well as the De Rebus editorial committee, who weighed her submission against all 2014 articles before awarding her the title and prize, sponsored by LexisNexis. The prize includes an iPad Mini and a year’s free access to LexisNexis Practical Guidance. Entries are open for 2015 submissions. The winner of the 2015 LexisNexis prize for the best article contributed to De Rebus by a practising 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.