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South Africa decisions
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A.C.J.S v A.S (4216/2018) [2025] ZALMPPHC 147 (31 July 2025)
Divorce judgment dismissing the wife’s claims for rehabilitative maintenance, a motor vehicle, and medical aid contribution. The settlement on children was made an order.
N.S.F v R.H.F (2024/060778) [2025] ZAGPJHC 534 (2 June 2025)
Rule 43 application partly granted. The court ordered interim spousal maintenance, continued listed monthly payments, and a R60,000 contribution to legal costs.
A.K v R.N (D6036/2023) [2025] ZAKZDHC 15 (30 April 2025)
The High Court dismissed an application to separate divorce issues, holding the applicant had not shown the required convenience and that the respondent may be prejudiced.
Petrus Herodus Hillebrand Badenhorst N.O v N.G.C and Another (5010/2024) [2025] ZAFSHC 48 (27 February 2025)
The High Court compelled a non-cooperating spouse to sign transfer documents so a court-appointed receiver could realize and divide a joint estate.
G.D v Minister of Home Affairs and Others (2252/2024) [2025] ZAECQBHC 1 (4 February 2025)
The court found that section 7(7)(c) of the Divorce Act irrationally differentiates between spouses in post-1984 marriages out of community of property without accrual and all other spouses, by excluding pension interests from redistribution. This differentiation is no longer rationally connected to any legitimate government purpose following the Constitutional Court's decision in KG, which extended the redistribution remedy to all such marriages. The exclusion disproportionately prejudices women, who are more likely to be economically disadvantaged and have smaller or no pension interests, a…
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S.J.W v V.W (Born M) (CA&R 54/2023) [2024] ZANCHC 97 (6 September 2024)
Appeal in a divorce matter upheld: the High Court ordered payment of 50% of the respondent’s pension interest and added orders on child care, contact, and maintenance referral.
D H B v C S B (CCT 293/22) [2024] ZACC 9; 2024 (8) BCLR 1080 (CC); 2024 (5) SA 335 (CC) (22 May 2024)
The Constitutional Court held that, on the pleadings, a prenuptial agreement was an unspecified donation agreement and could co-exist with the antenuptial contract.
J.E.R (Nee O) v B.E.S - Appeal (A16/2023; 15871/16) [2023] ZAWCHC 291 (20 November 2023)
The full court upheld an appeal and ordered lifelong spousal maintenance of R40,000 per month, with CPI increases and continued medical aid cover.
M.M v M.A (Born N) (562/2021) [2023] ZALMPTHC 8 (31 August 2023)
The court awarded the defendant rehabilitative spousal maintenance of R2,000 per month for 36 months, finding she lacked current means but had future prospects.
LM v TVM (1492/2021) [2022] ZAGPJHC 500 (1 August 2022)
The court found that the applicant demonstrated a reasonable need for maintenance pendente lite and that the respondent has the means to pay. The applicant's expenses were scrutinised and found not to be deliberately exaggerated, though some items were adjusted for reasonableness. The respondent is ordered to pay R14,050 per month in maintenance, continue paying insurance and maintenance for the applicant's vehicle, and cover medical expenses not paid by medical aid. The respondent must return the Volvo XC60 in working condition. Regarding legal costs, the court held that only costs related t…
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