South Africa Case Law

P.W v R.W and Another (A165/2019)

P.W v R.W and Another (A165/2019) [2020] ZAFSHC 164 (21 May 2020)

Court

Free State High Court, Bloemfontein

Case number

A165/2019

Judges

Naidoo, Mbhele, Mathebula

The court held that the admission made by the appellant regarding the first respondent's entitlement to maintenance after the deceased's death was a legal conclusion, not a factual admission. Mistakes of law are not binding on the court, and the determination of the correct legal position is the prerogative of the court. The appellant's admission, made in error following incorrect legal advice, should not preclude her from withdrawing it. The court found that the withdrawal of the admission would not prejudice the first respondent, as it did not alter the admitted facts but corrected the lega…

Source excerpt

• Maintenance After Divorce
• Withdrawal Of Admission
• Amendment Of Pleadings
• Rule 28 Uniform Rules
• Prejudice And Bona Fides

A.A v L.A (707/2018)

A.A v L.A (707/2018) [2019] ZAECPEHC 38 (18 June 2019)

Court

Eastern Cape High Court, Port Elizabeth

Case number

707/2018

Judge

M.J. Lowe

Divorce judgment awarding lifelong spousal maintenance, child maintenance, division of the joint estate, pension interest sharing, and costs.

• Maintenance After Divorce
• Division Of Joint Estate
• Parental Responsibility
• Pension Interest
• Quantum Of Maintenance
• Divorce

H.B.L v C.G.L (12178/2015)

H.B.L v C.G.L (12178/2015) [2018] ZAKZPHC 40 (21 September 2018)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

12178/2015

Judge

Gorven

Divorce judgment awarding limited spousal maintenance, loan repayment, and costs after finding the wife likely to obtain work within three years.

• Maintenance After Divorce
• Divorce Act Section 7
• Spousal Support
• Loan Repayment
• Costs Award
• Divorce-maintenance

S.P v D.P (2391/2017)

S.P v D.P (2391/2017) [2018] ZAECGHC 91 (30 August 2018)

Court

Eastern Cape High Court, Grahamstown

Case number

2391/2017

Judge

M.J. Lowe

Divorce judgment awarding the plaintiff lifelong maintenance until death or remarriage, denying a resettlement allowance, and granting joint parental responsibilities.

• Maintenance After Divorce
• Parental Responsibility
• Resettlement Allowance
• Division Of Assets
• Divorce
• Spousal-maintenance

Naisbitt v Road Accident Fund (85653/2014)

Naisbitt v Road Accident Fund (85653/2014) [2015] ZAGPPHC 969 (24 August 2015)

Court

North Gauteng High Court, Pretoria

Case number

85653/2014

Judge

Stryjdom

The court found that the plaintiff and the deceased entered into an express agreement after their divorce, whereby the deceased undertook to maintain the plaintiff for the rest of his life. The evidence, which was uncontested and corroborated by the plaintiff's sons, established that the deceased continued to support the plaintiff and that she reasonably expected this support to continue. The court held that such an undertaking gave rise to a legally enforceable duty of support, which the law must protect. Accordingly, the Road Accident Fund is liable for the plaintiff's loss of support resul…

Source excerpt

• Loss Of Support
• Duty Of Support
• Express And Tacit Agreement
• Road Accident Fund Act
• Maintenance After Divorce

C.S.S v P.M.S (699/2008)

C.S.S v P.M.S (699/2008) [2015] ZAECPEHC 46 (2 July 2015)

Court

Eastern Cape High Court, Port Elizabeth

Case number

699/2008

Judge

E Revelas

High Court divorce judgment awarding the defendant R14,000 monthly maintenance after finding she had a genuine need and limited earning capacity.

• Maintenance After Divorce
• Universal Partnership
• Ante Nuptial Contract
• Section 7 2 Divorce Act
• Maintenance-after-divorce
• Divorce-act-section-7-2

C v C (8937/2013)

C v C (8937/2013) [2014] ZAGPJHC 447 (12 June 2014)

Court

South Gauteng High Court, Johannesburg

Case number

8937/2013

Judge

Mabasa

Divorce judgment awarding the wife monthly maintenance and lump sums for housing, furniture, relocation, and a vehicle after a 29-year marriage.

• Maintenance After Divorce
• Section 7 2 Divorce Act
• Lump Sum Award
• Spousal Support
• Constitutional Equality
• Division Of Assets

P.C v T.Y (77672/2010)

P.C v T.Y (77672/2010) [2012] ZAGPPHC 134 (28 June 2012)

Court

North Gauteng High Court, Pretoria

Case number

77672/2010

Judge

Van Den Heever

A divorce matter in which the High Court granted divorce, awarded the wife R8,500 monthly maintenance, refused relocation costs, and awarded costs to her.

• Maintenance After Divorce
• Division Of Assets
• Clean Break Principle
• Maintenance-after-divorce
• Clean-break-principle
• Divorce-law

Harlech-Jones v Harlech-Jones (188/2011)

Harlech-Jones v Harlech-Jones (188/2011) [2012] ZASCA 19; 2012 (4) SA 164 (SCA) (22 March 2012)

Court

Supreme Court of Appeal

Case number

188/2011

Judges

Mthiyane, Cloete, Mhlantla, Leach, Boruchowitz

The Supreme Court of Appeal set aside a maintenance order where the divorced wife was fully maintained by another man and had no proven need for support.

• Maintenance After Divorce
• Cohabitation
• Divorce Act Section 7
• Reciprocal Duty Of Support
• Divorce-maintenance
• Spousal-support

Van Der Westhuizen v Van Der Westhuizen (55831/08)

Van Der Westhuizen v Van Der Westhuizen (55831/08) [2011] ZAGPPHC 30 (28 March 2011)

Court

North Gauteng High Court, Pretoria

Case number

55831/08

Judge

B.R. Southwood

Divorce judgment awarding the defendant lump-sum and monthly maintenance, with escalation, after finding her future income uncertain and the plaintiff able to pay.

• Maintenance After Divorce
• Quantum Of Maintenance
• Standard Of Living Post Divorce
• Ante Nuptial Contract
• Escalation Of Maintenance
• Maintenance-after-divorce