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South Africa Case Law

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Family And Children [2023] ZAECELLC 32

L.M v R.D.M (EL789/2022)

L.M v R.D.M (EL789/2022) [2023] ZAECELLC 32 (31 October 2023)

The court varied interim divorce maintenance orders, set aside an urgent payment order, and found the respondent’s non-disclosed inheritance justified cost consequences.

  • Rule 43 Variation
  • Spousal Maintenance
  • Interim Relief
  • Contribution Towards Costs
  • Non Disclosure
  • Inheritance Exclusion
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Family And Children [2020] ZALMPPHC 101

Rabalao v Mogoje (3113/2019)

Rabalao v Mogoje (3113/2019) [2020] ZALMPPHC 101 (10 December 2020)

The High Court held that property bought with funds from the applicant’s mother formed part of the joint estate. The application to exclude it and resist division was dismissed with costs.

  • Division Of Joint Estate
  • Inheritance Exclusion
  • Customary Marriage
  • Matrimonial Property Act
  • Intestate Succession
  • Res Judicata
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Family And Children [2012] ZAWCHC 126

Andrew v Andrew (13827/2008)

Andrew v Andrew (13827/2008) [2012] ZAWCHC 126 (13 January 2012)

The High Court held that farm Modderdam was excluded from accrual because it was acquired with inherited and donated funds, and rejected a tacit partnership claim.

  • Matrimonial Property Act
  • Accrual System
  • Inheritance Exclusion
  • Tacit Partnership
  • Universal Partnership
  • Matrimonial-property
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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.