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South Africa Case Law

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Family And Children [2023] ZAFSHC 350

M.M.K v V.S.K (4324/2021)

M.M.K v V.S.K (4324/2021) [2023] ZAFSHC 350 (7 September 2023)

Divorce matter on pension forfeiture, maintenance, medical aid, and costs. The court awarded the plaintiff 25% of the defendant’s pension interest and refused maintenance and medical aid relief.

  • Divorce Act Section 9 Forfeiture
  • Pension Interest Division
  • Spousal Maintenance
  • Medical Aid Beneficiary
  • Costs In Divorce
  • Divorce-act-section-9-forfeiture
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Family And Children [2023] ZAECMKHC 18

R.B.M v M.S.M (CA 29/2022)

R.B.M v M.S.M (CA 29/2022) [2023] ZAECMKHC 18 (24 February 2023)

Appeal in a divorce matter dismissed after the court found no proven basis for forfeiture of patrimonial benefits under section 9(1) of the Divorce Act.

  • Divorce Act Section 9 Forfeiture
  • Division Of Joint Estate
  • Substantial Misconduct
  • Duration Of Marriage
  • Matrimonial Property Regime
  • Divorce-act-section-9-forfeiture
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Family And Children [2022] ZAGPPHC 885

M.G.M.N v S.M.N (born M) (4342/2020)

M.G.M.N v S.M.N (born M) (4342/2020) [2022] ZAGPPHC 885 (14 November 2022)

The defendant failed to discharge the onus of proving that the plaintiff would be unduly benefitted by sharing in her pension fund. The evidence showed that the plaintiff used his pension payout to settle joint debts and invest in a living annuity, with the defendant's knowledge. The defendant did not provide evidence of the value of her pension fund at the date of marriage versus its current value, nor did she rebut the plaintiff's testimony regarding his resignation due to ill health and the use of his pension funds. The court found no substantial misconduct or undue benefit that would just…

  • Divorce Act Section 9 Forfeiture
  • Division Of Joint Estate
  • Pension Interest
  • Spousal Maintenance
  • Costs Award
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Family And Children [2017] ZANWHC 98

T.N.M (Born L) v E.K.M (DIV56/2015)

T.N.M (Born L) v E.K.M (DIV56/2015) [2017] ZANWHC 98 (30 November 2017)

High Court divorce judgment dismissing the husband’s forfeiture claim, dividing the joint estate equally, and confirming child care and maintenance arrangements.

  • Divorce Act Section 9 Forfeiture
  • Division Of Joint Estate
  • Parental Responsibilities And Rights
  • Maintenance Of Minor Child
  • Pension Interest Sharing
  • Divorce
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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.