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South Africa decisions
Decisions matching the current search
R (40000/2017), R v [2022] ZAGPJHC 302 (29 April 2022)
The High Court declined condonation for a late replying affidavit and dismissed an application to vary a divorce settlement agreement and related relief.
P.P v M.P (11672/2017) [2018] ZAWCHC 140 (6 November 2018)
The High Court varied a divorced spouse’s maintenance escalation clause from a fixed 12% yearly increase to CPI plus 2.5%, subject to a 12% cap.
M v M (0042146/17) [2018] ZAGPJHC 506 (20 August 2018)
The High Court varied a divorce settlement to end maintenance for two adult children, finding they were capable of self-support and had refused opportunities.
Van Rensburg v Van Rensburg (14664/2007) [2008] ZAWCHC 218 (10 June 2008)
The High Court dismissed a father's application to vary custody of his minor child, finding no sufficient reason to disturb the existing custody arrangement.
Georghiades v Janse Van Rensburg (11887/05) [2006] ZAWCHC 29; 2007 (3) SA 18 (C) (14 July 2006)
The court found that the applicant failed to demonstrate any material change in circumstances that would justify a variation of the maintenance order under section 8(1) of the Divorce Act. The consent paper constituted a comprehensive and final settlement between the parties, with maintenance expressly limited to three years, after which it would cease. The applicant was aware of her health condition at the time of signing the consent paper, and her subsequent claim of deteriorating health was not supported by the evidence. The court held that the applicant had waived her right to claim maint…
Source excerpt
Purnell v Purnell (576/91) [1993] ZASCA 22; 1993 (2) SA 662 (AD); [1993] 2 All SA 153 (A) (11 March 1993)
The court held that a High Court could vary its own divorce maintenance order despite a later magistrate’s maintenance order. The appeal was dismissed.
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