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South Africa Case Law

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Family And Children [2024] ZAGPJHC 1257

D.F.J.V.R v A.M.V.D.H (40377/2020)

D.F.J.V.R v A.M.V.D.H (40377/2020) [2024] ZAGPJHC 1257 (27 November 2024)

The High Court dismissed an application to repay amounts attached under a defective writ of execution, finding the sums were due under a Rule 43 maintenance order.

  • Maintenance Pending Divorce
  • Rule 43 Procedure
  • Writ Of Execution
  • Service Of Process
  • Rule-43-maintenance
  • Writ-of-execution
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Family And Children [2024] ZAGPPHC 852

L.Z (Previously R) v L.J.Z (071537/2024)

L.Z (Previously R) v L.J.Z (071537/2024) [2024] ZAGPPHC 852 (27 August 2024)

The court found that the applicant's claims for maintenance and contribution to legal costs were reasonable and supported by the evidence of the parties' respective financial positions. The respondent's arguments regarding the prematurity of the legal costs application and limitations on certain expenses were not supported by law or fact. The applicant demonstrated a genuine need for relief, particularly given the special circumstances of the children and the respondent's substantial income and lifestyle. The respondent's willingness to accept most of the demands indicated no intent to shirk…

  • Maintenance Pending Divorce
  • Contribution To Legal Costs
  • Primary Residence Of Minor
  • Redistribution Of Assets
  • Termination Of Joint Ownership
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Family And Children [2024] ZAGPPHC 777

G.H v B.H.H (041781/2024)

G.H v B.H.H (041781/2024) [2024] ZAGPPHC 777 (13 August 2024)

Rule 43 divorce interim relief granted in part: the mother received primary care, child maintenance, medical aid cover, and a legal-costs contribution.

  • Maintenance Pending Divorce
  • Contribution To Legal Costs
  • Parental Rights And Responsibilities
  • Children's Act Section 18
  • Rule-43
  • Maintenance-pending-divorce
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Family And Children [2023] ZAGPJHC 1238

P.N v B.M (427/2021)

P.N v B.M (427/2021) [2023] ZAGPJHC 1238 (26 October 2023)

Rule 43 interim relief in a divorce matter: the court made the Family Advocate’s contact recommendations an order and ordered maintenance, stationery and costs contributions.

  • Parental Responsibilities And Rights
  • Maintenance Pending Divorce
  • Rule 43 Application
  • Children S Act Section 18
  • Contribution To Legal Costs
  • Rule-43
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Family And Children [2023] ZAGPPHC 587

M.B.R v K.R and Another (37082/2022)

M.B.R v K.R and Another (37082/2022) [2023] ZAGPPHC 587 (14 July 2023)

The High Court granted urgent interdictory relief preserving a spouse’s pension interest pending divorce, finding the risk of dissipation justified urgency under Rule 6(12).

  • Interdictory Relief
  • Pension Fund Interest
  • Rule 6 12 Urgency
  • Maintenance Pending Divorce
  • Urgent-interdict
  • Pension-fund-interest
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Family And Children [2022] ZAWCHC 256

SJC v TRC (10837/2016; 19689/2016; 17728/2021)

SJC v TRC (10837/2016; 19689/2016; 17728/2021) [2022] ZAWCHC 256 (11 May 2022)

The High Court provisionally sequestrated the respondent’s estate, finding an admitted R4.5 million claim, factual insolvency, acts of insolvency, and likely creditor benefit.

  • Provisional Sequestration
  • Maintenance Pending Divorce
  • Liquidated Claim
  • Acts Of Insolvency
  • Advantage To Creditors
  • Provisional-sequestration
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Family And Children [2016] ZAGPPHC 714

E.S v J.F.S (3376/2016)

E.S v J.F.S (3376/2016) [2016] ZAGPPHC 714 (31 March 2016)

A Rule 43 interim application over a child’s primary residence and maintenance was dismissed, with the court leaving the existing care arrangement in place pending the Family Advocate’s report.

  • Interim Care And Contact
  • Primary Residence Dispute
  • Maintenance Pending Divorce
  • Rule-43
  • Child-custody
  • Primary-residence
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Civil Procedure [2015] ZAGPPHC 465

T.A.E.N v E.N (41999/15)

T.A.E.N v E.N (41999/15) [2015] ZAGPPHC 465 (26 June 2015)

The High Court dismissed a jurisdictional point in limine in an urgent Rule 43 application, holding that the respondent’s functional diplomatic immunity did not bar maintenance and guardianship relief.

  • Diplomatic Immunity
  • Rule 43 Applications
  • Maintenance Pending Divorce
  • Guardianship Of Minors
  • Diplomatic-immunity
  • Rule-43-applications
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Family And Children [2014] ZAECPEHC 25

J.P. v E.S.P. (790/2011)

J.P. v E.S.P. (790/2011) [2014] ZAECPEHC 25 (8 April 2014)

The High Court granted a Rule 43 application in part, ordering a R15,000 contribution to legal costs and requiring payment of a son’s tertiary study expenses.

  • Maintenance Pending Divorce
  • Contribution To Costs
  • Tertiary Education Expenses
  • Rule-43
  • Maintenance-pending-divorce
  • Contribution-to-costs
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Family And Children [2013] ZAGPPHC 525

E v E (68802/12)

E v E (68802/12) [2013] ZAGPPHC 525 (1 March 2013)

The court found the applicant had established a prima facie claim for rehabilitative maintenance based on her financial disadvantage resulting from the marriage and her role in building the respondent's business. The applicant's projected expenses were excessive, but the respondent's own financial disclosures lacked supporting evidence. The court discounted certain expenses and accepted that the respondent should continue paying for specific items. The respondent's surplus income was sufficient to meet the applicant's reasonable needs. The court awarded maintenance at a reduced quantum, order…

  • Maintenance Pending Divorce
  • Rehabilitative Maintenance
  • Parental Responsibility And Rights
  • Rule 43 Procedure
  • Contribution To Legal Costs
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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.