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South Africa Case Law

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Family And Children [2025] ZAGPJHC 431

S.M v M.M and Another (038386/2025)

S.M v M.M and Another (038386/2025) [2025] ZAGPJHC 431 (4 April 2025)

The High Court granted urgent interdictory relief and consolidated two divorce actions to preserve disputed assets pending determination of marital status and ownership.

  • Customary Marriage Validity
  • Community Of Property
  • Interdict
  • Consolidation Of Actions
  • Division Of Matrimonial Assets
  • Urgent-interdict
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Family And Children [2006] ZAECHC 15

Van Wyk v Van Wyk (136/05 , ECJ27/06)

Van Wyk v Van Wyk (136/05 , ECJ27/06) [2006] ZAECHC 15 (4 April 2006)

The court found that the plaintiff's assets and earning capacity were insufficient to make her self-sufficient, even when considering possible future employment and investment income. The evidence did not support her claim for R17,000 per month, and her actual needs were assessed at R10,000 per month, with a reduction to R7,000 per month after she receives her share of the Canadian property and has time to seek employment. The claim for R10,000 per month for the child was found excessive; R5,000 per month was deemed reasonable and in line with comparable cases. The defendant's ability to pay…

  • Maintenance After Divorce
  • Quantum Of Maintenance
  • Custody And Access
  • Division Of Matrimonial Assets
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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.