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South Africa decisions
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A.C.K v F.K (A143/2021) [2022] ZAFSHC 179 (28 July 2022)
The High Court held that a pension interest awarded in a divorce order was not part of the recipient spouse’s estate for accrual calculation.
P.C v T.Y (A2/2013) [2014] ZAGPPHC 932 (26 November 2014)
The High Court upheld an ongoing spousal maintenance order after divorce, finding the trial court properly exercised its discretion and also correctly awarded costs.
Mkhize and Another v Mabija NO (782/1998) [2011] ZAKZDHC 42 (5 May 2011)
The court found that the marriage between the Defendant and Sangqwane, contracted in 1975, was governed by the Black Administration Act and did not result in community of property, as no declaration to that effect was made. The decree of divorce did not order a transfer of ownership of the property to the Defendant, nor did it constitute a redistribution order under section 7(3) of the Divorce Act. The Defendant retained only a personal right of occupation, not ownership. The property was registered in Sangqwane's name, and he was entitled to alienate it. The Plaintiffs, as bona fide purchase…
Source excerpt
Taljaard v Mulder and Another (5267/2006) [2009] ZAFSHC 5 (29 January 2009)
The court accepted evidence that the plaintiff paid R200,000 under a divorce settlement and set aside a later writ of execution against his movable property.
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