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South Africa Case Law

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Family And Children [2025] ZALMPPHC 153

M.C.M v M.S.M (Appeal) (HCA16/2024)

M.C.M v M.S.M (Appeal) (HCA16/2024) [2025] ZALMPPHC 153 (11 August 2025)

The High Court dismissed an appeal against forfeiture of a respondent’s pension interest in a divorce, holding the appellant’s misconduct justified the order.

  • Divorce Act Section 9
  • Forfeiture Of Patrimonial Benefits
  • Undue Benefit
  • Substantial Misconduct
  • Division Of Joint Estate
  • Divorce-act-section-9
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Family And Children [2025] ZAWCHC 335

P.N v D.N (10481/2018)

P.N v D.N (10481/2018) [2025] ZAWCHC 335 (6 August 2025)

The High Court granted divorce, refused forfeiture of benefits, and ordered an equal division of the joint estate after finding the plaintiff's gambling was not proven to be substantial misconduct.

  • Divorce Act Section 9
  • Forfeiture Of Benefits
  • Division Of Joint Estate
  • Parental Rights And Responsibilities
  • Maintenance Of Minor Child
  • Forfeiture-of-benefits
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Family And Children [2025] ZAGPJHC 739

S.S v M.A.S (110440/2025)

S.S v M.A.S (110440/2025) [2025] ZAGPJHC 739 (25 July 2025)

The court found that the respondent had knowledge of the maintenance order and failed to comply with its terms, both historically and in the months immediately preceding the application. The respondent admitted arrears and made unilateral deductions from maintenance payments without legal entitlement. His defence of financial hardship was unsupported by evidence; he failed to provide bank statements, salary advices, or details of assets and expenses. The applicant, by contrast, provided documentary proof of the respondent's income and the limited liabilities on joint estate properties. The re…

  • Maintenance Enforcement
  • Contempt Of Court
  • Rule 43 Orders
  • Urgent Relief
  • Division Of Joint Estate
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Family And Children [2025] ZAGPPHC 712

O.M.L v S.S.L (10528/2022)

O.M.L v S.S.L (10528/2022) [2025] ZAGPPHC 712 (16 July 2025)

The court held that a twice-signed settlement agreement was valid and binding, rejected the defendant’s claim of misunderstanding, and granted a divorce.

  • Divorce Settlement Agreement
  • Division Of Joint Estate
  • Forfeiture Of Patrimonial Benefit
  • Child Maintenance
  • Parental Rights And Responsibilities
  • Divorce-settlement-agreement
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Family And Children [2025] ZALMPPHC 135

M.J.P v P.M.P (Appeal) (HCA08/2023)

M.J.P v P.M.P (Appeal) (HCA08/2023) [2025] ZALMPPHC 135 (14 July 2025)

The High Court dismissed an appeal in a divorce matter, upholding the refusal of forfeiture and the award of pension-interest benefits, with no costs order.

  • Forfeiture Of Benefits
  • Division Of Joint Estate
  • Pension Interest
  • Primary Care And Residence
  • Duration Of Marriage
  • Forfeiture-of-benefits
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Family And Children [2025] ZAGPJHC 687

S.L.M. v H.A.C (18281/2021)

S.L.M. v H.A.C (18281/2021) [2025] ZAGPJHC 687 (19 June 2025)

High Court divorce judgment ordering payment on equal division of a joint estate, plus levy reimbursement and sale of timeshare units, after rejecting tax-based objections.

  • Division Of Joint Estate
  • Divorce Act
  • Pension Interest On Divorce
  • Valuation Of Assets
  • Timeshare Termination
  • Interest On Judgment Debt
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Family And Children [2025] ZAGPPHC 600

P.L.B v L.R.B (36798/2014)

P.L.B v L.R.B (36798/2014) [2025] ZAGPPHC 600 (4 June 2025)

The court granted condonation, dismissed the wife’s variation and liquidation applications, dismissed the husband’s pension and debt counterclaim, and ordered registration of a trust for the children.

  • Variation Of Settlement Agreement
  • Appointment Of Trustee
  • Liquidator And Receiver
  • Pension Interest Claim
  • Division Of Joint Estate
  • Variation-of-settlement-agreement
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Family And Children [2025] ZAGPJHC 465

H.E.D. v D.D (2022/14582)

H.E.D. v D.D (2022/14582) [2025] ZAGPJHC 465 (13 May 2025)

Rule 43 application dismissed where the court found the respondent unemployed and unable to pay interim maintenance, medical aid premiums, or legal cost contributions.

  • Interim Maintenance
  • Contribution To Costs
  • Rule 43 Procedure
  • Division Of Joint Estate
  • Interim-maintenance
  • Contribution-to-costs
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Family And Children [2025] ZAECMKHC 39

B.G.N v N.P.N (755/2021)

B.G.N v N.P.N (755/2021) [2025] ZAECMKHC 39 (15 April 2025)

Divorce action in which the High Court granted forfeiture of the plaintiff’s half share of the defendant’s pension interest, finding substantial misconduct and undue benefit.

  • Divorce Act Forfeiture
  • Community Of Property
  • Substantial Misconduct
  • Division Of Joint Estate
  • Spousal Support
  • Domestic Violence
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Family And Children [2025] ZAWCHC 142

G.W.X. v Magistrate of Regional Division of Western Cape Blue Downs Mashala N.O and Another (17268/2024)

G.W.X. v Magistrate of Regional Division of Western Cape Blue Downs Mashala N.O and Another (17268/2024) [2025] ZAWCHC 142 (27 March 2025)

The court found that the magistrate acted without jurisdiction and in violation of procedural fairness by unilaterally amending the original divorce order after becoming functus officio. No application for variation or rescission was brought by either party, and the amendment prejudiced the applicant by depriving her of the relief she was granted. The court rejected the respondent's argument regarding delay, distinguishing legality review under the Superior Courts Act from administrative review under PAJA. The applicant's ignorance of the law was accepted as a reasonable explanation for the d…

  • Division Of Joint Estate
  • Functus Officio
  • Gross Irregularity
  • Substitution Of Order
  • Review Of Magistrate Decision
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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.