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South Africa Case Law

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Family And Children [2024] ZAGPPHC 982

O.K.M v L.P.M and Others (2024/061379)

O.K.M v L.P.M and Others (2024/061379) [2024] ZAGPPHC 982 (27 September 2024)

Urgent interim interdict granted to stop alienation of the matrimonial home pending divorce proceedings, where ownership was allegedly concealed through fronting.

  • Interim Interdict
  • Matrimonial Property
  • Accrual System
  • Urgent Relief
  • Fronting Of Assets
  • Interim-interdict
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Civil Procedure [2024] ZAFSHC 269

L.M (born W) v L.M (850/2022)

L.M (born W) v L.M (850/2022) [2024] ZAFSHC 269; [2024] 4 All SA 854 (FB) (29 August 2024)

The High Court found the respondent in contempt for failing to comply with a prior discovery order, struck out scandalous affidavit passages, and imposed a suspended prison sentence.

  • Contempt Of Court
  • Discovery Affidavit
  • Matrimonial Property
  • Attorney And Client Costs
  • Contempt-of-court
  • Discovery
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Family And Children [2024] ZAGPPHC 805

C.B v M.R.B (5645/2021)

C.B v M.R.B (5645/2021) [2024] ZAGPPHC 805 (5 August 2024)

The court held that Rule 43(6) distinguishes between applications for variation of maintenance, which require proof of a material change in circumstances, and applications for further contribution to legal costs, which require only proof that the previous contribution is inadequate. The applicant failed to show a material change in her circumstances but this was not a bar to her application for further contribution to legal costs. The applicant is an unemployed housewife with no independent means, and it would be inequitable to expect her to fund litigation from her own assets at this stage.…

  • Rule 43 Variation
  • Contribution To Legal Costs
  • Interim Maintenance
  • Equality Of Arms
  • Gender Inequality
  • Matrimonial Property
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Civil Procedure [2023] ZAGPPHC 1881

J.M.K v W.A.S.B (046725/2023)

J.M.K v W.A.S.B (046725/2023) [2023] ZAGPPHC 1881 (9 November 2023)

The High Court struck an urgent eviction-style application from the roll after finding the applicant failed to show true urgency or absence of redress in due course.

  • Urgent Application
  • Eviction
  • Matrimonial Property
  • Prevention Of Illegal Eviction Act
  • Costs Order
  • Urgent-application
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Family And Children [2023] ZAGPJHC 704

S.M v J.M and Another (2022/218731)

S.M v J.M and Another (2022/218731) [2023] ZAGPJHC 704 (13 June 2023)

The High Court granted an urgent interdict stopping sale of the former matrimonial home pending divorce, to protect the applicant’s contingent accrual claim.

  • Accrual System
  • Antenuptial Contract
  • Anti Dissipation Interdict
  • Urgent Interdict
  • Matrimonial Property
  • Irreparable Harm
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Family And Children [2023] ZAFSHC 168

M.D.M v M.J.M (122/2021)

M.D.M v M.J.M (122/2021) [2023] ZAFSHC 168 (12 May 2023)

The High Court granted a divorce and ordered the plaintiff to forfeit specified patrimonial benefits after finding substantial misconduct and undue benefit.

  • Divorce
  • Forfeiture Of Patrimonial Benefits
  • Division Of Joint Estate
  • Pension Interest
  • Matrimonial Property
  • Forfeiture-of-patrimonial-benefits
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Land And Property [2023] ZAWCHC 95

Z.I v W.I and Another (13142/2022)

Z.I v W.I and Another (13142/2022) [2023] ZAWCHC 95 (9 March 2023)

High Court decision under the actio communi dividundo ordering joint co-owned property sold and the net proceeds divided equally after divorce.

  • Actio Communi Dividundo
  • Co Ownership Termination
  • Division Of Proceeds
  • Matrimonial Property
  • Equitable Distribution
  • Actio-communi-dividundo
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Family And Children [2022] ZAECQBHC 38

K.N v B.A.N (1513/2020)

K.N v B.A.N (1513/2020) [2022] ZAECQBHC 38 (18 October 2022)

Divorce judgment awarding the plaintiff spousal and child maintenance, plus accrual-related payment from the defendant’s pension interest.

  • Spousal Maintenance
  • Child Maintenance
  • Matrimonial Property
  • Accrual System
  • Spousal-maintenance
  • Child-maintenance
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Civil Procedure [2022] ZAECMKHC 72

W.F.S v S.S.S (Born J) and Another (3370/2022)

W.F.S v S.S.S (Born J) and Another (3370/2022) [2022] ZAECMKHC 72 (11 October 2022)

Urgent application dismissed where the court held the applicant had no clear right to enter the former matrimonial home to collect items already packed for collection.

  • Final Interdict
  • Matrimonial Property
  • Urgent Relief
  • Domestic Violence Act
  • Final-interdict
  • Matrimonial-property
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Family And Children [2022] ZAGPJHC 594

M v P and Another (2021/48331)

M v P and Another (2021/48331) [2022] ZAGPJHC 594 (24 August 2022)

The court found that the applicant and first respondent entered into a valid customary marriage in August 2006, having satisfied all statutory requirements under the Recognition of Customary Marriages Act. The respondent's assertion that consent from his alleged first wife was required was unsupported by Pedi customary law or any authority. The respondent's version regarding a prior marriage was unsubstantiated and contradicted by documentary evidence, including a death certificate and affidavits. The court held that the lack of a matrimonial property contract under s 7(6) does not affect the…

  • Customary Marriage
  • Recognition Of Customary Marriages Act
  • Validity Of Marriage
  • Polygamous Marriage
  • Matrimonial Property
  • Registration Of Marriage
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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.