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South Africa Case Law

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Family And Children [2017] ZASCA 5

M v M (332/2015)

M v M (332/2015) [2017] ZASCA 5; [2017] 2 All SA 364 (SCA); 2017 (3) SA 371 (SCA) (9 March 2017)

The SCA held that trust assets were not shown to be part of the husband's estate, but recalculated the accrual and upheld the wife's entitlement to R2,669,822.78.

  • Accrual System
  • Antenuptial Contract
  • Trust Property Control Act
  • Piercing Trust Veil
  • Division Of Assets On Divorce
  • Interpretation Of Contracts
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Family And Children [2004] ZAWCHC 6

Joubert v Joubert (A1027/2003)

Joubert v Joubert (A1027/2003) [2004] ZAWCHC 6; [2004] 1 All SA 426 (C) (6 February 2004)

The appeal was dismissed because the court a quo had properly exercised its discretion under sections 7(2) and 7(3) of the Divorce Act, having fully considered all relevant facts and circumstances. The appellant's direct financial contribution to the respondent's estate was limited and her indirect contribution as homemaker was acknowledged, but did not justify a division exceeding one-third of the respondent's net assets. The maintenance order of R1,800 per month for 18 months, together with medical expenses, was reasonable given the appellant's trust income, shareholdings, and her ability t…

  • Maintenance Of Spouses
  • Division Of Assets On Divorce
  • Rehabilitative Maintenance
  • Judicial Discretion
  • Best Interests Of Children
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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.