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South Africa decisions
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N.P v M.N.P (43650/2018) [2024] ZAGPPHC 1108 (17 October 2024)
The court held the defendant was domiciled in Germany when the parties married, so German matrimonial property law applied. It also awarded the plaintiff lifelong maintenance of R7,000 monthly.
M.R v M.T (HCA38/2022) [2024] ZALMPPHC 45 (6 May 2024)
Appeal upheld in a divorce matter; the High Court found the antenuptial contract valid and enforceable and replaced the court a quo’s order.
M.A.M v T.S.M and Another (3337/2023) [2023] ZAFSHC 275 (19 July 2023)
The applicant, as a spouse married in community of property, did not consent to the sale and transfer of the joint property. The respondents, as purchasers, claim protection under section 15(9) of the Matrimonial Property Act, arguing they were bona fide and unaware of the lack of consent. The court finds that the applicant has established a prima facie right to interim relief, as her rights as co-owner were potentially infringed. The balance of convenience favours granting the interim interdict to prevent irreparable harm to the applicant and her children, pending the final determination of…
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Setho v The Executor - Estate of Ntoahae Paul Setho and Others (2874/2020) [2021] ZAFSHC 178; 2021 (6) SA 483 (FB) (1 July 2021)
The court found that the applicant entered into the marriage with the deceased in good faith, believing his prior marriage had been lawfully terminated. Although the marriage was void due to bigamy, the applicant established a bona fide belief in its validity, qualifying the union as a putative marriage. The court rejected the strict application of the Zulu v Zulu precedent, noting that the community of property between the deceased and his first wife had de facto ended when they began living separately. The applicant contributed to the joint estate over 36 years, and depriving her of a half…
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J.K.K v Maloi N.O (26365/2016) [2021] ZAGPPHC 36 (21 January 2021)
The High Court dismissed a claim that a universal partnership existed between a plaintiff and a deceased man, finding the evidence improbable and unsupported.
S.J.M v L.I.M (Appeal) (A31/2019) [2020] ZAMPMHC 46 (21 October 2020)
The High Court dismissed an appeal against a divorce order, holding that evidence showed a valid Ndebele customary marriage despite non-registration.
M v M (4906/2016) [2018] ZAFSHC 161 (30 July 2018)
Divorce judgment under the accrual system awarding the wife half the accrual and pension interest, plus rehabilitative maintenance and medical aid for 24 months.
H.G.D and Another v Z.Z and Others (534/2016) [2017] ZAECMHC 44 (14 November 2017)
The court declared that the applicant and the deceased formed a tacit universal partnership and that she is entitled to half of the partnership’s net assets.
H.A v M.R (EL845/2011, ECD1278/2011) [2017] ZAECELLC 11 (15 May 2017)
The High Court granted leave to amend divorce pleadings to add alternative claims for a universal partnership and repayment of monies, with costs against the respondent.
A v A (2013/00875) [2015] ZAGPJHC 259 (20 November 2015)
The court found that a universal partnership existed between the parties from 1994 until their separation, based on their joint contributions to business ventures and property acquisitions. The evidence established that both parties brought assets, labour, and skill into the partnership, and their activities were conducted for their joint benefit with the object of making a profit. The court excluded the inherited properties and sewing machines from the partnership estate, as there was no evidence of intention to include them as partnership assets. The Holt Street Guesthouse, although registe…
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