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South Africa Case Law

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Family And Children [2025] ZAMPMHC 21

D.A.D.P v S.D.P (A49/2024; 34/2021)

D.A.D.P v S.D.P (A49/2024; 34/2021) [2025] ZAMPMHC 21 (27 March 2025)

Appeal against divorce maintenance and medical-aid orders dismissed. The High Court upheld the trial court’s finding that the respondent’s cystic fibrosis justified ongoing support.

  • Spousal Maintenance
  • Divorce Act Section 7 2
  • Medical Aid Obligation
  • Judicial Discretion In Maintenance
  • Rehabilitative Maintenance
  • Condonation Application
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Family And Children [2024] ZAGPJHC 578

M.T v E.T (8197/2018)

M.T v E.T (8197/2018) [2024] ZAGPJHC 578 (20 June 2024)

Divorce judgment awarding the wife permanent maintenance, continued medical aid cover, an automatic car, pension interest relief, and costs from the husband’s share.

  • Spousal Maintenance
  • Division Of Joint Estate
  • Pension Interest
  • Medical Aid Obligation
  • Costs Award
  • Spousal-maintenance
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Family And Children [2019] ZAFSHC 216

L M v E M (A284/2018)

L M v E M (A284/2018) [2019] ZAFSHC 216 (8 August 2019)

Appeal in a divorce matter challenging maintenance, medical aid, accrual division, and costs was dismissed, with each party ordered to pay own costs.

  • Divorce Act Maintenance
  • Rehabilitative Maintenance
  • Division Of Accrual
  • Medical Aid Obligation
  • Costs In Divorce
  • Forfeiture Of Patrimonial Benefits
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Family And Children [2017] ZAGPPHC 1270

T.B.S v M.M.S (64229/17)

T.B.S v M.M.S (64229/17) [2017] ZAGPPHC 1270 (22 December 2017)

Unopposed motion varying a divorce settlement so the applicant pays the respondent’s medical aid premium directly after she joined a new scheme.

  • Variation Of Settlement Agreement
  • Medical Aid Obligation
  • Maintenance
  • Waiting Period Medical Scheme
  • Family-law
  • Settlement-agreement-variation
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Family And Children [2017] ZAGPPHC 1280

Kruger v Kruger N.O and Another (97177 /2017)

Kruger v Kruger N.O and Another (97177 /2017) [2017] ZAGPPHC 1280 (13 December 2017)

The High Court held that the deceased estate remained bound by a divorce settlement to keep the former spouse on medical aid until remarriage or death.

  • Divorce Settlement
  • Contractual Liability Of Estate
  • Medical Aid Obligation
  • Interpretation Of Contracts
  • Contractual-liability-of-estate
  • Medical-aid-obligation
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Family And Children [2014] ZAGPPHC 635

N.J.E.M v L.O.M (59089/2013)

N.J.E.M v L.O.M (59089/2013) [2014] ZAGPPHC 635 (21 August 2014)

The court dismissed an application to compel a former spouse to keep the applicant on her SANDF medical aid or procure alternative cover after divorce.

  • Divorce Settlement Agreement
  • Medical Aid Obligation
  • Maintenance
  • Interpretation Of Settlement
  • Impossibility Of Performance
  • Divorce-settlement-agreement
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Family And Children [2010] ZAGPPHC 641

C.A.W.S v P.J.S (32798/2007)

C.A.W.S v P.J.S (32798/2007) [2010] ZAGPPHC 641 (21 June 2010)

The court found that both parties contributed to the household and the accumulation of assets during their 30-year marriage. The plaintiff devoted her life and earnings to the family, while the defendant was able to amass personal assets and benefit from the sale of the communal home. The plaintiff's inheritance was excluded from consideration as it vested after separation and would be absorbed by her liabilities. The court held that it was just and equitable for the plaintiff to receive half of the defendant's estate, calculated at R1,386,769.15. Regarding medical aid, the defendant was orde…

  • Divorce
  • Redistribution Order
  • Section 7 3 Divorce Act
  • Medical Aid Obligation
  • Costs Order
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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.