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South Africa decisions
Decisions matching the current search
J.G.C v G.A.C (Appeal) (CA139/2023) [2025] ZAECMKHC 44 (13 May 2025)
The High Court upheld an appeal against an order compelling sale of jointly owned former matrimonial property, finding no proven breach of the deed of settlement.
S.T.H v A.T.H (060610/22) [2024] ZAGPPHC 1237 (28 November 2024)
The court found that the plaintiff failed to discharge the onus of proving a need for lifelong spousal maintenance. Both parties possess existing and prospective means to support themselves following the breakdown of the marriage. The plaintiff is economically independent, has multiple sources of income, and her financial difficulties stem from her own irresponsibility rather than any inability to earn. She did not provide full disclosure of her earnings, undermining her claim. The defendant's business is struggling, and his health issues impose significant financial obligations. The plaintif…
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I.N.M v M.J.M (66901/2018) [2023] ZAGPPHC 744 (1 September 2023)
The High Court varied a divorce settlement to increase the applicant’s pension-interest share so she would receive R1 million net after tax.
M.M v M.A (Born N) (562/2021) [2023] ZALMPTHC 8 (31 August 2023)
The court awarded the defendant rehabilitative spousal maintenance of R2,000 per month for 36 months, finding she lacked current means but had future prospects.
M N v F N (714/2018) [2019] ZASCA 185; 2020 (2) SA 410 (SCA) (3 December 2019)
The Supreme Court of Appeal held that the reference to 'pension fund' in the divorce order, interpreted in the context of the Divorce Act and Pension Funds Act, included both the pension and provident fund sections of the University of Limpopo Retirement Fund. The statutory definitions and the object of providing annuities or lump sum payments encompass both types of funds. No variation of the original order was necessary; a declaratory order sufficed to clarify entitlement. The fund administrator's role was administrative, and non-joinder was not fatal, especially as the administrator abided…
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V S v S S (37350/2015) [2018] ZAGPJHC 617 (12 September 2018)
Divorce case on forfeiture, maintenance, and costs after an eight-month marriage. The court granted forfeiture and dismissed the defendant’s maintenance and contract-enforcement claims.
BS v PS (291/2017) [2018] ZASCA 37; 2018 (4) SA 400 (SCA) (28 March 2018)
The Supreme Court of Appeal set aside a forfeiture order and held that GEPL s 24A prevents deferral of payment of an assigned pension interest.
L v L (83552/2016) [2018] ZAGPPHC 482 (27 February 2018)
Divorce granted in a short marriage, with the wife ordered to forfeit patrimonial benefits and the husband to pay R100,000; each party paid own costs.
L.R v P.R (14/2/2018) [2018] ZAWCHC 19; 2018 (3) SA 507 (WCC) (14 February 2018)
The High Court ordered transfer of jointly owned property within 60 days after a decade of non-compliance with a divorce consent paper.
S.V v H.V (19579/2013) [2017] ZAGPPHC 942 (8 December 2017)
Divorce court held that a wife in a pre-1984 antenuptial marriage had substantially contributed to her husband’s estate and awarded her 50% redistribution.
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