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South Africa decisions
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T.N v S.N (14166/2019) [2024] ZAGPJHC 703 (22 July 2024)
High Court divorce case on forfeiture of patrimonial benefits under section 9 of the Divorce Act. The plaintiff failed to prove substantial misconduct.
M.G.C v S.R.C (A293/18) [2019] ZAGPPHC 527 (20 September 2019)
High Court appeal in a divorce matter confirming forfeiture of patrimonial benefits after finding the marriage was short and the respondent contributed more to the joint estate.
Wijker v Wijker (325/92) [1993] ZASCA 101; [1993] 4 All SA 857 (AD) (26 August 1993)
The Supreme Court of Appeal held that the trial court misdirected itself by unfairly attributing blame for the breakdown of the marriage solely to the appellant and by applying an incorrect principle of fairness regarding the division of assets in a marriage in community of property. The court clarified that substantial misconduct is not a prerequisite for a forfeiture order under section 9(1) of the Divorce Act, and that the factors listed are not cumulative. The appellant's entitlement to share in the joint estate arises from the nature of community of property, and the respondent's refusal…
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