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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 [2019] ZAWCHC 74

H.V (born V) v C.V (6384/2019)

H.V (born V) v C.V (6384/2019) [2019] ZAWCHC 74 (21 June 2019)

High Court Rule 43 application in divorce proceedings. The court confirmed jurisdiction, granted interim child and spousal maintenance in part, and reserved costs.

  • Interim Maintenance
  • Primary Care And Contact
  • Jurisdiction In Divorce
  • Rule 43 Procedure
  • Rule-43
  • Interim-maintenance
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Family And Children [2010] ZANCHC 39

J.J.J v S.P.J (612/2010)

J.J.J v S.P.J (612/2010) [2010] ZANCHC 39 (3 September 2010)

The court held that it does not have jurisdiction to entertain the applicant's Rule 43 application because neither party was domiciled or ordinarily resident in the jurisdiction at the time the divorce summons was issued or served. The applicant's claims of residence and domicile were found to be factually incorrect and unsupported by the evidence. The applicant had not made out a prima facie case for interim relief, as she could not establish jurisdiction in the main divorce action. The court further found that the issue of jurisdiction could be raised at any stage, even mero motu, and that…

  • Jurisdiction In Divorce
  • Interim Maintenance
  • Rule 43 Applications
  • Domicile Requirements
  • Costs Award
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Family And Children [2005] ZAFSHC 22

du Plessis v du Plessis (4411/2004)

du Plessis v du Plessis (4411/2004) [2005] ZAFSHC 22 (2 February 2005)

The Free State High Court dismissed a jurisdictional point in limine in a Rule 43 divorce application, finding the applicant was ordinarily resident in the province.

  • Jurisdiction In Divorce
  • Rule 43 Applications
  • Jurisdiction-in-divorce
  • Rule-43-applications
  • Ordinary-residence
  • Family-law
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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.