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South Africa decisions
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D.A.D.P v S.D.P (A49/2024; 34/2021) [2025] ZAMPMHC 21 (27 March 2025)
Appeal against divorce maintenance and medical-aid orders dismissed. The High Court upheld the trial court’s finding that the respondent’s cystic fibrosis justified ongoing support.
S.T.H v A.T.H (060610/22) [2024] ZAGPPHC 1237 (28 November 2024)
The court found that the plaintiff failed to discharge the onus of proving a need for lifelong spousal maintenance. Both parties possess existing and prospective means to support themselves following the breakdown of the marriage. The plaintiff is economically independent, has multiple sources of income, and her financial difficulties stem from her own irresponsibility rather than any inability to earn. She did not provide full disclosure of her earnings, undermining her claim. The defendant's business is struggling, and his health issues impose significant financial obligations. The plaintif…
Source excerpt
W.L v W.B.L (2022-015956) [2023] ZAGPJHC 1189 (15 September 2023)
High Court dismissed a rescission application seeking to undo a default divorce order so the applicant could pursue spousal maintenance and redistribution claims.
H.G v A.G (2331/2017; 3487/19) [2019] ZAWCHC 125 (20 September 2019)
The High Court clarified a disputed Rule 43 maintenance order, postponed a contempt application for reconciliation, and dismissed a subpoena challenge with costs.
M v M (A3046/2015) [2016] ZAGPJHC 30 (12 February 2016)
The High Court held that the appellant was entitled to spousal maintenance in principle, but the amount had to be determined by the maintenance court.
J.S v J.L.O.S (7392/2010) [2010] ZAWCHC 162 (24 June 2010)
Rule 43 interim maintenance case in which the court reduced extravagant claims and awarded monthly maintenance, legal-cost contribution, household expenses, and medical expenses.
L.M v G.J.M (10339/2006) [2009] ZAWCHC 137 (21 July 2009)
High Court divorce judgment refusing post-divorce maintenance where the plaintiff failed to show extraordinary circumstances under section 7(2) of the Divorce Act.
Botha v Botha (2005/25726) [2008] ZAGPHC 169 (9 June 2008)
High Court divorce judgment holding that post-divorce maintenance under section 7(2) is discretionary, not automatic, and dismissing the wife’s maintenance claim.
Zwiegelaar v Zwiegelaar (607/98) [2000] ZASCA 68; 2001 (1) SA 1208 (SCA) ; [2001] 1 All SA 261 (A) (28 November 2000)
The Supreme Court of Appeal held that maintenance under section 7(2) of the Divorce Act can include a lump sum for household necessaries, not only monthly payments.
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