C.L.D.S. v F.S.D.S.S. (2024/092744) [2025] ZAGPJHC 726 (23 July 2025)

C.L.D.S. v F.S.D.S.S. (2024/092744) [2025] ZAGPJHC 726 (23 July 2025)

The court found that both parties are entitled to remain in the common home pending the finalisation of the divorce, as Rule 43 does not permit an order for either party to vacate. Both parties retain full parental responsibilities and rights, and the interests of the children are paramount. The respondent is ordered to pay specified household expenses and monthly cash maintenance for the applicant and minor children, with escalation by CPI if the order remains in force. The applicant's claim for a contribution to legal costs is granted in the amount of R100,000, payable in five monthly instalments. The court criticised the applicant's affidavits for including relief not available under...

Citation
[2025] ZAGPJHC 726
Parties
Applicant: C[...] L[...] D[...] S[...] S[...]; Respondent: F[...] S[...] D[...] S[...] S[...]
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
23 July 2025
Case Number
2024/092744
Procedural Posture
Urgent Application / Rule 43 Application for Interim Relief Pending Divorce
Outcome
Interim maintenance and contribution to legal costs granted; both parties to remain in the common home; specified household expenses and cash maintenance ordered; costs order made as specified.
Judges
C Von Ludwig
Legal Topics
Rule 43 Interim Relief, Parental Responsibilities and Rights, Spousal Maintenance, Contribution to Legal Costs
Family and Children Civil Procedure Rule 43 Interim Relief Parental Responsibilities and Rights Spousal Maintenance Contribution to Legal Costs

Case Brief

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Parties

C[...] L[...] D[...] S[...] S[...]

Applicant

F[...] S[...] D[...] S[...] S[...]

Respondent

Procedural Posture

Urgent Application / Rule 43 Application for Interim Relief Pending Divorce

Legal Issues

  1. 1 Whether interim maintenance and contribution to legal costs should be granted to the applicant pending divorce.
  2. 2 Whether either party should be ordered to vacate the common home under Rule 43.
  3. 3 How parental responsibilities and rights should be allocated pendente lite.

Ratio Decidendi

The court found that both parties are entitled to remain in the common home pending the finalisation of the divorce, as Rule 43 does not permit an order for either party to vacate. Both parties retain full parental responsibilities and rights, and the interests of the children are paramount. The respondent is ordered to pay specified household expenses and monthly cash maintenance for the applicant and minor children, with escalation by CPI if the order remains in force. The applicant's claim for a contribution to legal costs is granted in the amount of R100,000, payable in five monthly instalments. The court criticised the applicant's affidavits for including relief not available under...

Court Disposition

Interim maintenance and contribution to legal costs granted; both parties to remain in the common home; specified household expenses and cash maintenance ordered; costs order made as specified.

Orders

  • Both parties retain full parental responsibilities and rights in respect of the minor children.
  • The children and major dependent daughter may remain resident in the common home, and both parties may continue to reside there pendente lite.