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South Africa decisions
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O.D.M v Z.G (Reasons) (74/2025) [2025] ZAECMHC 26 (15 January 2025)
Reasons for a costs order in an urgent family-law application: the court held the respondent had been in contempt for unpaid school fees and ordered Scale B costs.
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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Mokoena and Others v National Director of Public Prosecutions and Another (11305/2022) [2024] ZAGPJHC 967 (30 September 2024)
The court found that the first applicant, as both a trustee and beneficiary of the Trust, is entitled to apply for the release of funds from restrained property for reasonable legal and living expenses under section 26(6) of POCA. The applicant made full disclosure of his interests in the restrained property and demonstrated that he cannot meet the legal and living expenses from unrestrained property. The legal expenses incurred are reasonable and directly related to proceedings under POCA. The tertiary education fees for the first applicant’s daughter, who is a minor and not self-supporting,…
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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.
S.J.W v V.W (Born M) (CA&R 54/2023) [2024] ZANCHC 97 (6 September 2024)
Appeal in a divorce matter upheld: the High Court ordered payment of 50% of the respondent’s pension interest and added orders on child care, contact, and maintenance referral.
N.M v M.M and Another (2023/008561) [2024] ZAGPJHC 674 (24 July 2024)
The court granted an actio communi dividundo application, terminating joint ownership of the former matrimonial home and allowing the applicant to buy out the respondent’s share.
L.M.G v J.M.G (Reasons) (124145/2023) [2024] ZAGPPHC 1144 (22 May 2024)
The High Court granted interim relief in a divorce matter, including child care and contact arrangements, maintenance, medical aid, household expenses, and a legal-costs contribution.
B.L.ST v M.J.M (33568/20) [2023] ZAGPPHC 1125 (4 September 2023)
High Court divorce case applying s 9 of the Divorce Act to order forfeiture of pension benefits and division of the joint estate.
V.B.P v K.M.P and Another (247/2019) [2022] ZAECBHC 39 (30 August 2022)
The High Court dismissed an urgent bid to freeze a husband’s pension interest pending divorce, finding no evidence that he intended to dissipate assets.
Bromprop (Pty) Ltd and Others v VK (2020/3730) [2022] ZAGPJHC 68 (7 February 2022)
The High Court partly upheld an application to set aside subpoenas in divorce proceedings, finding some documents relevant to maintenance and others not relevant to accrual.
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