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South Africa Case Law

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Family And Children [2021] ZAGPJHC 398

LP v MP (31812/2021)

LP v MP (31812/2021) [2021] ZAGPJHC 398 (20 September 2021)

Court
South Gauteng High Court, Johannesburg
Case number
31812/2021
Judge
S D J Wilson

The court found that the respondent's financial disclosures were selective and unreliable, and that his true income was understated. Analysis of bank statements revealed monthly credits and payments exceeding his declared income, indicating greater financial capacity. The applicant's maintenance claim was reasonable and moderate, reflecting the standard of living during the marriage. The respondent's failure to tender any maintenance initially was inconsistent with his legal obligations. The court concluded that the applicant was entitled to the full maintenance claimed and a contribution to…

Source excerpt

  • Maintenance Pendente Lite
  • Contribution To Legal Costs
  • Rule 43 Proceedings
  • Assessment Of Means
  • Standard Of Living
  • Divorce Action
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Family And Children [2013] ZAWCHC 158

Seidel v Lipschitz NO and Others (24960/11)

Seidel v Lipschitz NO and Others (24960/11) [2013] ZAWCHC 158 (24 October 2013)

Court
Western Cape High Court, Cape Town
Case number
24960/11
Judge
Rogers

The applicant's claim for maintenance from the deceased estate fails because her own means—including annuity income, capital assets, trust and usufruct benefits, and other financial provisions—are sufficient to meet her reasonable maintenance needs as determined by the court. The court accepted the respondents' expert analyses and actuarial calculations, finding that the applicant's monthly means (R62,698) exceed her reasonable monthly maintenance needs (R45,813), with surplus capital available for contingencies such as vehicle replacement and future needs. The estate and associated trusts ha…

Source excerpt

  • Maintenance Of Surviving Spouses Act
  • Reasonable Maintenance Needs
  • Assessment Of Means
  • Usufruct And Trust Benefits
  • Costs Award
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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.