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South Africa decisions
Decisions matching the current search
A.K v R.N (D6036/2023) [2025] ZAKZDHC 15 (30 April 2025)
The High Court dismissed an application to separate divorce issues, holding the applicant had not shown the required convenience and that the respondent may be prejudiced.
T.S v M.L.S (Leave to Appeal) (5483/2022) [2024] ZAGPPHC 737 (1 August 2024)
The court held that the applicant failed to demonstrate reasonable prospects of success for an appeal against the refusal of forfeiture of pension benefits. The sequelae of injuries sustained sixteen years prior were not relevant under section 9 of the Divorce Act, as they did not constitute substantial misconduct leading to the breakdown of the marriage. The court a quo correctly applied the statutory factors, and there was no compelling reason to grant leave to appeal. Regarding costs, the court found that the respondent, as the successful litigant, was entitled to costs on level A scale, n…
Source excerpt
T.S.S v M.A.S - Appeal (HCA04/2023) [2024] ZALMPPHC 69 (22 July 2024)
Appeal over forfeiture of a spouse’s share of pension interest in divorce proceedings dismissed; the court found no basis to disturb the trial court’s discretion.
N.S v M.F.S (20/27078) [2023] ZAGPJHC 1044 (19 September 2023)
High Court divorce judgment granting divorce, child residence, maintenance, pension forfeiture, and division of the joint estate.
C.M.M v A.M.S.M (13966/2020) [2022] ZAGPPHC 713 (21 September 2022)
The High Court granted a divorce and ordered forfeiture of patrimonial benefits after finding the wife’s conduct and infidelity caused the marriage breakdown.
M.D.M v T.P.M (HCAA06/2021) [2021] ZALMPPHC 84 (23 November 2021)
The High Court dismissed an appeal against refusal of a forfeiture order in a divorce matter, holding that the appellant had condoned the respondent’s affair and both parties contributed to the breakdown.
M.S.L v M.P.C.L (480/2019) [2021] ZAFSHC 298 (22 November 2021)
High Court divorce judgment refusing forfeiture of pension benefits, granting division of the joint estate, and awarding token spousal maintenance.
M.A.M v M.P.M (14836/2007) [2018] ZAGPPHC 273 (20 April 2018)
High Court divorce judgment granting forfeiture of patrimonial benefits to the defendant after finding the plaintiff would be unduly benefited.
J.P.F v N.M.F (Born C) (30918/2016) [2018] ZAGPPHC 477 (2 March 2018)
In a divorce dispute, the High Court ordered division of the joint estate and rejected the husband’s claim that the wife should forfeit patrimonial benefits.
M v M (12436/15) [2017] ZAGPPHC 1109 (1 December 2017)
Divorce action in which the High Court ordered forfeiture of specified marital benefits after finding the marriage was brief and the defendant’s conduct caused the breakdown.
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