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South Africa decisions
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P.N v D.N (10481/2018) [2025] ZAWCHC 335 (6 August 2025)
The High Court granted divorce, refused forfeiture of benefits, and ordered an equal division of the joint estate after finding the plaintiff's gambling was not proven to be substantial misconduct.
M.J.P v P.M.P (Appeal) (HCA08/2023) [2025] ZALMPPHC 135 (14 July 2025)
The High Court dismissed an appeal in a divorce matter, upholding the refusal of forfeiture and the award of pension-interest benefits, with no costs order.
I.M.R v N.M.D (2024/014513) [2025] ZAGPJHC 464 (5 May 2025)
The High Court ordered a spouse to cooperate in selling a jointly owned home pending divorce, with proceeds held in trust after bond settlement.
M.J.L v L.O.L (22341/19 ; A288/2023) [2025] ZAGPPHC 331 (27 March 2025)
The court found that the defendant, Mrs L.O.L, satisfied the requirements for a partial forfeiture order under Section 9(1) of the Divorce Act. The evidence established that the plaintiff, Mr L.J.L, would be unduly benefited if the forfeiture order was not granted, as he failed to contribute to the acquisition and maintenance of the immovable property and did not use his pension benefit for the joint estate. The court distinguished the facts from Phokobye, noting that the forfeiture claim was properly ventilated in the divorce proceedings following partial rescission of the proprietary order.…
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J.C.T v S.T (2019/22316) [2024] ZAGPJHC 1123 (31 October 2024)
Divorce judgment on forfeiture under section 9 of the Divorce Act, granting forfeiture of investment proceeds against the husband but not the house or vehicle.
I.S.M v R.Q.M.M (030395/2022) [2024] ZAGPPHC 1036 (10 October 2024)
In this divorce action, the court dismissed a forfeiture claim, granted divorce, ordered division of the joint estate, and awarded costs against the defendant.
K.P.S v M.D.S (010556/2022) [2024] ZAGPPHC 1012 (1 October 2024)
The court found that the defendant committed adultery, which was the primary cause of the irretrievable breakdown of the marriage. The defendant failed to contribute financially to the household, did not pay for the children's education or municipal accounts, and used joint assets for personal benefit. The plaintiff proved at least two jurisdictional factors under section 9(1) of the Divorce Act: substantial misconduct and circumstances leading to the breakdown. The court exercised its discretion to grant forfeiture of the benefits arising from the marriage in community of property, awarding…
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K.P.S v M.D.S (010556/2022) [2024] ZAGPPHC 981 (13 September 2024)
The High Court granted a divorce, awarded primary care of the minor children to the plaintiff, and ordered the defendant to forfeit marital benefits.
A.R.S v M.S.S (Leave to Appeal) (7305/2021) [2024] ZALMPPHC 128 (9 September 2024)
The High Court dismissed an application for leave to appeal against a divorce judgment, finding no reasonable prospect of success under section 17 of the Superior Courts Act.
M.A.P v F.M.A.N (A151/2023) [2024] ZAGPPHC 858 (29 August 2024)
High Court appeal upheld a variation of a divorce order to include a pension interest in division of the joint estate and rejected a retrospective forfeiture argument.
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