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South Africa Case Law

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Family And Children [2021] ZAGPJHC 721

Kivetts v Brugmans (04853/2020)

Kivetts v Brugmans (04853/2020) [2021] ZAGPJHC 721 (21 May 2021)

Rule 43 interim divorce relief was granted for maintenance, medical aid and vehicle expenses, but unrelated debts and broader litigation costs were refused.

  • Rule 43 Interim Relief
  • Pendente Lite Maintenance
  • Contribution To Costs
  • Medical Expenses
  • Motor Vehicle Expenses
  • Rule-43
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Family And Children [2018] ZAGPJHC 101

L v L (2017/6235)

L v L (2017/6235) [2018] ZAGPJHC 101 (29 March 2018)

The court found that the Rule 43 order could not co-exist with the full court judgment ordering the return of the children to Norway, where maintenance and legal costs were provided for. The respondent's failure to disclose her employment status and subsequent fraudulent misrepresentation constituted improper and unlawful conduct. The applicant's non-compliance with the Rule 43 order was not condoned, but the respondent's prejudicial conduct justified partial relief for the applicant. The Rule 43 order was discharged in respect of the respondent's maintenance from 21 August 2015 and in respec…

  • Rule 43 Maintenance
  • Non Disclosure
  • Pendente Lite Maintenance
  • Habitual Residence
  • Hague Convention
  • Costs Order
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Family And Children [2017] ZAGPPHC 436

P v R (6395/2017)

P v R (6395/2017) [2017] ZAGPPHC 436 (31 July 2017)

Rule 43 divorce interim relief: the court awarded child maintenance and expenses, but refused a costs contribution and retrospective maintenance.

  • Pendente Lite Maintenance
  • Parental Responsibilities And Rights
  • Contribution Towards Legal Costs
  • Children's Act
  • Rule 43 Procedure
  • Rule-43
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Family And Children [2011] ZAWCHC 295

Van Wijk v Van Wijk

Van Wijk v Van Wijk [2011] ZAWCHC 295; ; 14434/2009 (17 June 2011)

The High Court dismissed an application to amend a pendente lite maintenance order, finding the applicant’s evidence of reduced income too vague and unconvincing.

  • Pendente Lite Maintenance
  • Variation Of Court Order
  • Rule 43 Proceedings
  • Pendente-lite-maintenance
  • Variation-of-court-order
  • Rule-43-proceedings
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Family And Children [2010] ZAECELLC 1

A.W (Born G) v R.A.W (469/10)

A.W (Born G) v R.A.W (469/10) [2010] ZAECELLC 1 (7 September 2010)

The court found that the applicant was entitled to pendente lite maintenance for herself and the minor child, but not for her daughter from a previous relationship, as her biological father was providing support and the parties were married out of community of property. The applicant's claimed expenses were scrutinized and adjusted to reasonable amounts based on the parties' modest means and the respondent's financial capacity, including his equity in property. The applicant was also entitled to a contribution towards legal costs, but the amount claimed was excessive and reduced to a reasonab…

  • Pendente Lite Maintenance
  • Contribution To Legal Costs
  • Standard Of Living
  • Maintenance For Minor Child
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Family And Children [2009] ZAGPPHC 82

J V V v J V V (58485/2008)

J V V v J V V (58485/2008) [2009] ZAGPPHC 82 (29 May 2009)

Rule 43 application partly granted: the respondent was ordered to pay pendente lite maintenance, medical costs, and a contribution to costs.

  • Pendente Lite Maintenance
  • Contribution Towards Costs
  • Rule 43 Applications
  • Departure From Rule 43
  • Reasonable Medical Expenses
  • Rule-43
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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.