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South Africa Case Law

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Family And Children [2024] ZAGPJHC 1123

J.C.T v S.T (2019/22316)

J.C.T v S.T (2019/22316) [2024] ZAGPJHC 1123 (31 October 2024)

Divorce judgment on forfeiture under section 9 of the Divorce Act, granting forfeiture of investment proceeds against the husband but not the house or vehicle.

  • Divorce Act Section 9
  • Forfeiture Of Benefits
  • Division Of Joint Estate
  • Substantial Misconduct
  • Matrimonial Property Act
  • Costs In Divorce
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Family And Children [2024] ZAFSHC 28

N.E.M (born M) v R.L.D.M (2220/2021)

N.E.M (born M) v R.L.D.M (2220/2021) [2024] ZAFSHC 28 (2 February 2024)

In this divorce action, the court granted divorce and division of the joint estate, but refused forfeiture of the plaintiff’s pension benefits.

  • Divorce Act Section 9
  • Forfeiture Of Patrimonial Benefits
  • Division Of Joint Estate
  • Adultery
  • Costs In Divorce
  • Pension Interest
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Family And Children [2024] ZAGPPHC 12

D.N.Q v P.Q (49090/2021)

D.N.Q v P.Q (49090/2021) [2024] ZAGPPHC 12 (12 January 2024)

The High Court dismissed a contempt application arising from divorce proceedings, finding the respondent had made partial payments and that wilful bad faith was not proven.

  • Civil Contempt Of Court
  • Rule 43 Interim Relief
  • Maintenance
  • Municipal Services Liability
  • Costs In Divorce
  • Alternative Dispute Resolution
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Family And Children [2023] ZALMPTHC 18

M.L.R (Born N) v L.S.R (1478/2019)

M.L.R (Born N) v L.S.R (1478/2019) [2023] ZALMPTHC 18 (14 December 2023)

The High Court granted divorce, refused forfeiture of patrimonial benefits, ordered equal division of the joint estate, and directed each party to bear own costs.

  • Divorce Act Forfeiture
  • Division Of Joint Estate
  • Substantial Misconduct
  • Irretrievable Breakdown
  • Costs In Divorce
  • Divorce-act-forfeiture
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Family And Children [2023] ZAGPPHC 1955

K.R.M v J.M.M (A161/2023)

K.R.M v J.M.M (A161/2023) [2023] ZAGPPHC 1955 (27 November 2023)

Appeal against a divorce forfeiture order remitted to the court a quo because the record did not establish when the immovable property was acquired or owned.

  • Forfeiture Of Matrimonial Benefits
  • Division Of Joint Estate
  • Divorce Act Section 9
  • Ownership Of Property
  • Costs In Divorce
  • Remittal For Further Evidence
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Family And Children [2023] ZANWHC 234

L.H.M v M.E.M (Born R) (DIV 182/2020)

L.H.M v M.E.M (Born R) (DIV 182/2020) [2023] ZANWHC 234 (12 October 2023)

In a divorce costs dispute, the High Court ordered each party to pay their own costs after finding both sides contributed to delay and there was no major means imbalance.

  • Division Of Joint Estate
  • Costs In Divorce
  • Maintenance Obligations
  • Settlement Agreement
  • Costs-in-divorce
  • Division-of-joint-estate
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Family And Children [2023] ZAFSHC 350

M.M.K v V.S.K (4324/2021)

M.M.K v V.S.K (4324/2021) [2023] ZAFSHC 350 (7 September 2023)

Divorce matter on pension forfeiture, maintenance, medical aid, and costs. The court awarded the plaintiff 25% of the defendant’s pension interest and refused maintenance and medical aid relief.

  • Divorce Act Section 9 Forfeiture
  • Pension Interest Division
  • Spousal Maintenance
  • Medical Aid Beneficiary
  • Costs In Divorce
  • Divorce-act-section-9-forfeiture
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Family And Children [2023] ZAGPPHC 753

A.C.V.W v C.J.H.V.W (043054/2023)

A.C.V.W v C.J.H.V.W (043054/2023) [2023] ZAGPPHC 753 (31 August 2023)

Unopposed divorce judgment awarding reduced child and spousal maintenance, dividing the joint estate, endorsing the Family Advocate report, and ordering costs against the defendant.

  • Spousal Maintenance
  • Child Maintenance
  • Division Of Joint Estate
  • Best Interests Of Child
  • Costs In Divorce
  • Parental Responsibility
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Civil Procedure [2022] ZAGPPHC 577

Darmalingam N.O v Marques and Another (9256/21)

Darmalingam N.O v Marques and Another (9256/21) [2022] ZAGPPHC 577 (2 August 2022)

Leave to appeal was refused in a dispute over divorce-related costs, the liquidator’s powers, and objections to an amended final account.

  • Leave To Appeal
  • Costs In Divorce
  • Liquidator Powers
  • Division Of Joint Estate
  • Leave-to-appeal
  • Divorce-costs
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Family And Children [2020] ZAFSHC 44

P.I.L v P.E.L (5345/2017)

P.I.L v P.E.L (5345/2017) [2020] ZAFSHC 44 (27 February 2020)

Divorce judgment on child maintenance, pension-interest sharing, and forfeiture. The court fixed maintenance at R2,500 monthly and awarded the plaintiff 50% of the defendant’s pension interest.

  • Maintenance Of Minor Child
  • Division Of Joint Estate
  • Pension Interest Sharing
  • Forfeiture Of Benefits
  • Costs In Divorce
  • Community Of Property
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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.