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South Africa Case Law

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Family And Children [2017] ZAECGHC 65

Z.M (born R) v M.M.M (CA129/15)

Z.M (born R) v M.M.M (CA129/15) [2017] ZAECGHC 65 (30 May 2017)

Court
Eastern Cape High Court, Grahamstown
Case number
CA129/15
Judges
T Malusi, JE Smith

The court found no evidence that the joint estate had been divided and held that the appellant remained entitled to a fifty percent share of the respondent's pension interest as at the date of divorce. The respondent's alleged prior agreement was unenforceable and not proven. The claim for pension interest could be made after the divorce decree, provided the joint estate had not yet been divided. The regional magistrate's conclusion was incorrect, and the appeal was upheld. The divorce order was amended to specifically provide for the appellant's entitlement to fifty percent of the respondent…

Source excerpt

  • Pension Interest Division
  • Divorce Act Section 7
  • Amendment Of Divorce Order
  • Division Of Joint Estate
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Family And Children [2015] ZAFSHC 56

M v M (A231/2014)

M v M (A231/2014) [2015] ZAFSHC 56; [2015] 2 All SA 495 (FB) (12 March 2015)

Court
Free State High Court, Bloemfontein
Case number
A231/2014
Judges
A.F Jordaan, S.J Reinders

The court held that although the decisions of single judges in the division, which required specific pleading and identification of pension interests in divorce orders, were incorrect, the appellant nonetheless failed to establish entitlement to relief. The appellant did not attempt to enforce the division order against the pension fund, nor did he provide sufficient particulars or evidence to enable the court to grant an order in terms of section 7(8) of the Divorce Act. Furthermore, he failed to show that the division of the joint estate had not been finalised, which is a prerequisite for s…

Source excerpt

  • Division Of Joint Estate
  • Pension Interest In Divorce
  • Amendment Of Divorce Order
  • Rescission Of Judgment
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.