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South Africa Case Law

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Family And Children [2018] ZAGPPHC 606

R.T.R v D.J.R (37229/2015)

R.T.R v D.J.R (37229/2015) [2018] ZAGPPHC 606 (23 February 2018)

The court found that the applicant had satisfied the requirements of Section 7(4) of the Zimbabwean Matrimonial Causes Act, having made substantial non-financial contributions to the marriage over its 28-year duration. The respondent's financial position and earning capacity far exceeded that of the applicant, who was primarily a homemaker and caregiver. The court rejected a strict equal division, instead exercising its discretion to order a 40/60 apportionment of the respondent's business interests in Mozambique, reflecting both parties' contributions and the realities of post-divorce asset…

  • Matrimonial Causes Act Zimbabwe
  • Redistribution Order
  • Division Of Assets
  • Maintenance
  • Judicial Discretion
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Family And Children [2013] ZAKZPHC 8

N.T v P.T (10044/09)

N.T v P.T (10044/09) [2013] ZAKZPHC 8 (11 February 2013)

The court held that section 7(1)(a) of the Zimbabwean Matrimonial Causes Act, 1985 is not retrospective and does not apply to marriages concluded before 17 February 1986. The presumption against retrospectivity was affirmed, and the language of the Act was interpreted as neutral regarding retrospective effect. The court found that the legislature did not intend to confer new rights on parties divorced under the old Act, nor to interfere with existing rights. The powers granted under section 7 are ancillary to divorce orders issued under the new Act, which applies to all marriages dissolved af…

  • Matrimonial Causes Act Zimbabwe
  • Retrospective Application
  • Division Of Assets
  • Maintenance Orders
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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.