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South Africa Case Law

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Family And Children [2024] ZAGPPHC 365

S.H v S.H (12415/22)

S.H v S.H (12415/22) [2024] ZAGPPHC 365 (17 April 2024)

An uncontested divorce involving a Zimbabwean marriage was granted, with the court also ordering redistribution of assets and no costs order.

  • Foreign Marriage Recognition
  • Irretrievable Breakdown
  • Redistribution Of Assets
  • Jurisdiction In Divorce
  • Authenticity Of Documents
  • Foreign-marriage-recognition
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Family And Children [2015] ZAFSHC 36

M v M (A216/2014)

M v M (A216/2014) [2015] ZAFSHC 36 (5 March 2015)

The regional magistrate erred in concluding that the regional court lacked jurisdiction to dissolve a marriage entered into in Lesotho where both parties were domiciled and resident in Bloemfontein, South Africa. South African law recognises foreign marriages as valid if there were no legal impediments at the time of celebration. Section 28(1A) read with section 29(1B) of the Magistrates’ Courts Act and section 2(1) of the Divorce Act confer jurisdiction on the regional court where either party is domiciled or ordinarily resident in its area and has been ordinarily resident in South Africa fo…

  • Divorce Jurisdiction
  • Domicile And Residence
  • Magistrates Courts Act
  • Foreign Marriage Recognition
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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.