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South Africa decisions
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W.B v J.J.B (Leave to Appeal) (2021-43697) [2024] ZAGPPHC 1312 (19 December 2024)
Leave to appeal was refused in a divorce matter involving minor children, with the court holding it could amend the settlement order to protect their best interests.
Z v Z (556/2021) [2022] ZASCA 113; 2022 (5) SA 451 (SCA) (21 July 2022)
The Supreme Court of Appeal held that a parent may claim maintenance for an adult dependent child in divorce proceedings under section 6 of the Divorce Act.
M.E v A.E (9028/2019) [2019] ZAWCHC 108 (26 August 2019)
Rule 43 interim maintenance and costs were awarded in moderated amounts pending divorce proceedings, with the court stressing brevity and restraint in papers.
H v H (83614/2014) [2017] ZAGPPHC 273 (19 June 2017)
The court dismissed a postponement request in divorce proceedings and granted separation of patrimonial issues, finding the plaintiff caused the delay.
M.T v C.H.S.T (10757/14) [2016] ZAWCHC 27; 2016 (4) SA 193 (WCC) (11 March 2016)
The court found that the plaintiff's repeated failures to comply with directions given under Rule 37(8)—specifically, to facilitate a home visit for the Family Advocate, attend a required consultation, and appear in court when directed—were deliberate and mala fide. The explanations offered by the plaintiff, including claims of the child's distress, alleged bias by the Family Advocate, and illness on the day of the hearing, were found to be unconvincing and inconsistent with her conduct and communications. The court held that directions given under Rule 37(8), especially when agreed to by the…
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