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South Africa decisions
Decisions matching the current search
J.V.W v P.C.V.W (EL514/2025) [2025] ZAECELLC 9 (27 May 2025)
Rule 43 application for a further contribution toward divorce litigation costs dismissed for lack of full financial disclosure and proof of changed circumstances.
M.O v R.O (15617/2022) [2025] ZAWCHC 37 (27 January 2025)
The court dismissed a contempt application over Rule 43 non-compliance, found a material change in circumstances, and varied interim maintenance obligations.
S.A.T v G.J.T (2019/22224) [2025] ZAGPJHC 44 (24 January 2025)
The court found that the applicant had demonstrated a material change in circumstances since the previous order, as several new interlocutory applications had arisen and the respondent had failed to comply with the prior order for contribution. The applicant remains unemployed and does not have guaranteed access to trust funds, as payment depends on trustee discretion. The respondent is of substantial means and has not shown any deterioration in his financial position. The court accepted that costs for interlocutory applications, except those already covered by the previous order (such as the…
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J.B and Another v J.L.S and Another (22199/2022) [2024] ZAGPPHC 1367 (31 December 2024)
The court found that the first applicant failed to provide sufficient evidence of a material change in circumstances since the previous Rule 43 order. The applicant did not annex relevant financial statements or bank records covering the period after the order, and his disclosures were incomplete. The court emphasized the duty of utmost good faith and full disclosure in Rule 43 applications, as established in Du Preez v Du Preez. The material non-disclosures meant the applicant was not before the court with clean hands, justifying refusal of the relief sought. The court exercised its discreti…
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B.W.H v S.A.H (22802/2021) [2023] ZAGPJHC 1348 (21 November 2023)
The High Court varied a Rule 43 order only to remove spousal maintenance, finding the respondent had not fully disclosed finances and was self-supporting.
Z.I.O v J.S.O (4715/21) [2023] ZAGPJHC 825 (25 July 2023)
The High Court varied a Rule 43 maintenance order in part, ending cash maintenance to the respondent but leaving child maintenance unchanged.
C.L.J v C.L.E (34367/19) [2023] ZAGPJHC 386 (26 April 2023)
The High Court dismissed an application to vary a Rule 43 maintenance order, finding no proven material change in circumstances and no basis to treat a settlement agreement as replacing the court order.
A.B v C.C.B (1931/2020) [2023] ZAECMKHC 14 (16 February 2023)
The High Court dismissed a Rule 43(6) application to vary interim maintenance, finding no material change in circumstances and inadequate disclosure of finances.
L v L (2017/31153) [2022] ZAGPJHC 396 (8 June 2022)
The High Court dismissed a Rule 43(6) bid to reduce interim maintenance, finding no material change in circumstances and awarding attorney-client costs.
Vorster v Vorster (4396/2020) [2021] ZAFSHC 215 (27 July 2021)
The High Court dismissed an application to vary a Rule 43 order, finding no material change in the applicant’s financial circumstances and awarding costs against him.
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