Our expert says:
Family law expert
Section 18 of the Matrimonial Property Act 88 of 1984 states that any amount recovered by a spouse by reason of a delict committed against him or her, does not fall into the joint estate but becomes his or her seperate property, the same applies where the one spouse cause the other bodily damages attributed to the fault of the other spouse. So to answer your question, the amount will not fall into the joint estate and will be excluded for purposes of determining the value of the joint estate.
Family Law Attorney
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