One-third rule SA law

Answer 1

The one-third rule, a guideline that one-third of the spouses combined assets upon divorce should be allocated to the spouse who owns fewer assets, was in the past used as a starting point in English law but has since been rejected by the House of Lords.

The reason why English courts have for the most part declined to lay down guidelines such as these is because such a general application is rigid in approach and displaces the flexibility envisaged by the Legislature itself, especially in the light of the unique circumstances that arise in every case.

In Beaumont v Beaumont 1985 4 SA 171 (W) our own (South African) appellate division also rejected the one-third starting point, and indeed all other starting points, in favor of the "clean slate" guideline.

In practice this means "using a clean slate as a "starting point", then filling in the void by looking at all the relevant facts, working through all the relevant considerations and finally exercising a discretion as to what would be just, completely unfettered by any starting point", as the judge stated.