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South Africa Case Law

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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 [2024] ZAWCHC 428

W.L v J.R (22524/2019)

W.L v J.R (22524/2019) [2024] ZAWCHC 428 (7 November 2024)

The court found that the plaintiff contributed all funds for the acquisition of the marital assets, while the defendant's contributions were negligible and his conduct amounted to substantial misconduct. The defendant admitted in communications that he married the plaintiff to obtain property and tricked her into sharing her assets. The marriage was of short duration, and the cumulative effect of the duration, circumstances of breakdown, and misconduct justified forfeiture of patrimonial benefits. Regarding care and contact, the court accepted expert recommendations for gradual, supervised co…

  • Divorce Act Forfeiture
  • Care And Contact
  • Parenting Plan
  • Maintenance Order
  • Mirror Order
  • Best Interests Of Child
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Family And Children [2023] ZALMPTHC 18

M.L.R (Born N) v L.S.R (1478/2019)

M.L.R (Born N) v L.S.R (1478/2019) [2023] ZALMPTHC 18 (14 December 2023)

The High Court granted divorce, refused forfeiture of patrimonial benefits, ordered equal division of the joint estate, and directed each party to bear own costs.

  • Divorce Act Forfeiture
  • Division Of Joint Estate
  • Substantial Misconduct
  • Irretrievable Breakdown
  • Costs In Divorce
  • Divorce-act-forfeiture
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Family And Children [2023] ZAFSHC 46

K.P v N.C.P (840/2018)

K.P v N.C.P (840/2018) [2023] ZAFSHC 46 (14 February 2023)

Divorce matter on forfeiture of pension benefits under section 9(1) of the Divorce Act, with child care, contact, maintenance, and estate division orders.

  • Divorce Act Forfeiture
  • Division Of Joint Estate
  • Pension Interest
  • Parental Responsibilities
  • Child Maintenance
  • Divorce-act-forfeiture
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Family And Children [2018] ZANWHC 89

M.M (born S) v P.M.M (DIV155/2017)

M.M (born S) v P.M.M (DIV155/2017) [2018] ZANWHC 89 (22 November 2018)

The High Court granted a divorce, ordered equal division of the joint estate, and refused the husband’s claim for forfeiture of benefits in a contested marriage.

  • Divorce Act Forfeiture
  • Division Of Joint Estate
  • Irretrievable Breakdown
  • Pension Interest
  • Contribution To Estate
  • Divorce-act-forfeiture
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Family And Children [2018] ZANWHC 65

Masukela M v Masukela P (DIV155/2017)

Masukela M v Masukela P (DIV155/2017) [2018] ZANWHC 65 (22 November 2018)

Divorce matter in which the court refused forfeiture of patrimonial benefits, ordered equal division of the joint estate, and granted divorce with no costs.

  • Divorce Act Forfeiture
  • Division Of Joint Estate
  • Pension Interest
  • Irretrievable Breakdown
  • Contribution To Estate
  • Divorce-act-forfeiture
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Family And Children [2018] ZAGPPHC 482

L v L (83552/2016)

L v L (83552/2016) [2018] ZAGPPHC 482 (27 February 2018)

Divorce granted in a short marriage, with the wife ordered to forfeit patrimonial benefits and the husband to pay R100,000; each party paid own costs.

  • Divorce Act Forfeiture
  • Irretrievable Breakdown
  • Patrimonial Benefits
  • Clean Break Principle
  • Divorce-act-forfeiture
  • Patrimonial-benefits
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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.