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Family And Children [2012] ZAWCHC 51

Gunter v Executor in the Estate of the Late Chrisitian France Gunter (20342/2008)

Gunter v Executor in the Estate of the Late Chrisitian France Gunter (20342/2008) [2012] ZAWCHC 51; 2013 (4) SA 387 (WCC) (6 June 2012)

The court held that the relief provided for in Section 7 of the Divorce Act is strictly ancillary to a decree of divorce and cannot be granted where the marriage has already been dissolved by death. The cause of action for divorce and its ancillary relief is extinguished upon the death of a spouse, regardless of whether litis contestatio has been reached. The redistribution order is a personal right between spouses and does not survive the dissolution of marriage by death. The authorities cited by the plaintiff regarding transmissibility of claims after litis contestatio were found irrelevant…

  • Divorce Act Section 7
  • Redistribution Order
  • Ancillary Relief
  • Litis Contestatio
  • Maintenance Of Surviving Spouses
  • Personal Rights In Family Law
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