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South Africa Case Law

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Family And Children [2010] ZAKZPHC 105

M G v R G (AR 461/09)

M G v R G (AR 461/09) [2010] ZAKZPHC 105 (8 February 2010)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
AR 461/09
Judges
Gabriel, Ndlovu

The presiding officer materially misdirected herself by refusing to grant token maintenance, despite uncontested evidence of the appellant's need and the respondent's conduct. The refusal deprived the appellant of the right to claim increased maintenance in the future, which is contrary to established legal principles and the constitutional imperative to protect vulnerable parties. The approach in this Division towards token maintenance is consistent with constitutional jurisprudence recognising the vulnerability of women and the need for judicial vigilance. On forfeiture of benefits, the app…

Source excerpt

  • Maintenance Of Spouses
  • Forfeiture Of Matrimonial Benefits
  • Division Of Joint Estate
  • Token Maintenance
  • Section 9 Divorce Act
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Family And Children [2004] ZAWCHC 6

Joubert v Joubert (A1027/2003)

Joubert v Joubert (A1027/2003) [2004] ZAWCHC 6; [2004] 1 All SA 426 (C) (6 February 2004)

Court
Western Cape High Court, Cape Town
Case number
A1027/2003
Judges
D H van Zyl, H J Erasmus, J van der Westhuizen

The appeal was dismissed because the court a quo had properly exercised its discretion under sections 7(2) and 7(3) of the Divorce Act, having fully considered all relevant facts and circumstances. The appellant's direct financial contribution to the respondent's estate was limited and her indirect contribution as homemaker was acknowledged, but did not justify a division exceeding one-third of the respondent's net assets. The maintenance order of R1,800 per month for 18 months, together with medical expenses, was reasonable given the appellant's trust income, shareholdings, and her ability t…

Source excerpt

  • Maintenance Of Spouses
  • Division Of Assets On Divorce
  • Rehabilitative Maintenance
  • Judicial Discretion
  • Best Interests Of Children
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.