M v M (332/2015) [2017] ZASCA 5; [2017] 2 All SA 364 (SCA); 2017 (3) SA 371 (SCA) (9 March 2017)
Court
Supreme Court of Appeal
Case number
332/2015
Judges
Shongwe, Swain, Mathopo, Mocumie, Dlodlo
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.
Joubert v Joubert (A1027/2003) [2004] ZAWCHC 6; [2004] 1 All SA 426 (C) (6 February 2004)
Court
Western Cape High Court, Cape Town
Case number
A1027/2003
Judges
D H van Zyl, H J Erasmus, J van der Westhuizen
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…