South Africa Case Law

A.C.K v F.K (768/2018)

A.C.K v F.K (768/2018) [2021] ZAFSHC 299 (9 November 2021)

Court

Free State High Court, Bloemfontein

Case number

768/2018

Judge

MOLITSOANE

The court found that the interpretation of the divorce judgment by Murray, AJ suggested that the payment of 50% of the respondent's pension interest to the applicant was considered in calculating maintenance, not as an asset for accrual. Raikane, AJ's contrary finding was questioned, and the court held that there are reasonable prospects that another court may interpret the judgment differently. Therefore, leave to appeal was granted to allow the Full Court to reconsider whether the pension interest should be treated as an asset in the accrual calculation or as maintenance.

Source excerpt

• Matrimonial Property Act
• Accrual System
• Maintenance Award
• Pension Interest
• Divorce Order Interpretation

S v S, In Re: S v S (3746/2014)

S v S, In Re: S v S (3746/2014) [2015] ZAFSHC 84 (8 May 2015)

Court

Free State High Court, Bloemfontein

Case number

3746/2014

Judge

Williams, WR

The Free State High Court rescinded a default judgment concerning co-ownership of immovable property and allowed the applicant to oppose the main application.

• Rescission Of Default Judgment
• Joint Ownership
• Divorce Order Interpretation
• Forfeiture Of Benefits
• Rescission-of-default-judgment
• Divorce-order-interpretation