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South Africa Case Law

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Family And Children [2024] ZAFSHC 58

C.B v P.J.B (4790/2023)

C.B v P.J.B (4790/2023) [2024] ZAFSHC 58 (26 February 2024)

Rule 43 interim-relief application in a divorce matter: the court awarded R8,000 monthly maintenance, R10,000 legal-costs contribution, and interim child arrangements.

  • Rule 43 Interim Relief
  • Maintenance Pendente Lite
  • Contribution To Legal Costs
  • Guardianship And Contact
  • Children S Act
  • Quantum Of Maintenance
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Family And Children [2023] ZAWCHC 291

J.E.R (Nee O) v B.E.S - Appeal (A16/2023; 15871/16)

J.E.R (Nee O) v B.E.S - Appeal (A16/2023; 15871/16) [2023] ZAWCHC 291 (20 November 2023)

The full court upheld an appeal and ordered lifelong spousal maintenance of R40,000 per month, with CPI increases and continued medical aid cover.

  • Spousal Maintenance
  • Divorce Act Section 7
  • Lifelong Maintenance
  • Quantum Of Maintenance
  • Covid19 Impact On Income
  • Spousal-maintenance
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Family And Children [2023] ZAGPJHC 1280

Y.V.D.M v W.P.V.D.M (2021/43213)

Y.V.D.M v W.P.V.D.M (2021/43213) [2023] ZAGPJHC 1280 (9 November 2023)

Rule 43 interim maintenance was granted to a spouse pending divorce, including monthly maintenance, arrears, medical aid, and related expenses.

  • Maintenance Pendente Lite
  • Adult Dependent Children
  • Quantum Of Maintenance
  • Arrear Spousal Maintenance
  • Rule 43 Procedure
  • Rule-43
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Family And Children [2019] ZAECPEHC 38

A.A v L.A (707/2018)

A.A v L.A (707/2018) [2019] ZAECPEHC 38 (18 June 2019)

Divorce judgment awarding lifelong spousal maintenance, child maintenance, division of the joint estate, pension interest sharing, and costs.

  • Maintenance After Divorce
  • Division Of Joint Estate
  • Parental Responsibility
  • Pension Interest
  • Quantum Of Maintenance
  • Divorce
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Family And Children [2018] ZAGPPHC 607

S.M.M v M.S.M (A301/17)

S.M.M v M.S.M (A301/17) [2018] ZAGPPHC 607 (8 May 2018)

The court found that while there had been a material change in the respondent's financial circumstances, the appellant had not demonstrated sufficient reason for an increase in maintenance. The appellant's financial position had improved due to the division of the joint estate and pension payout, but she remained in need of maintenance and the respondent retained the means to pay according to the original order. The court held that the magistrate erred in suspending the maintenance order entirely, as the appellant's basic needs were still unmet by her investment income alone. However, the app…

  • Maintenance Variation
  • Divorce Act
  • Maintenance Act
  • Quantum Of Maintenance
  • Medical Expenses
  • Change In Circumstances
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Family And Children [2016] ZAECGHC 68

C.S.S v P.M.S (CA334/15)

C.S.S v P.M.S (CA334/15) [2016] ZAECGHC 68 (25 August 2016)

The High Court upheld a R14,000 monthly spousal maintenance award after finding the former wife had proved need and that the trial court properly exercised its discretion.

  • Spousal Maintenance
  • Divorce Act Section 7
  • Quantum Of Maintenance
  • Judicial Discretion
  • Standard Of Living Post Divorce
  • Spousal-maintenance
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Family And Children [2016] ZAGPJHC 30

M v M (A3046/2015)

M v M (A3046/2015) [2016] ZAGPJHC 30 (12 February 2016)

The High Court held that the appellant was entitled to spousal maintenance in principle, but the amount had to be determined by the maintenance court.

  • Spousal Maintenance
  • Divorce Act Section 7 2
  • Quantum Of Maintenance
  • Rehabilitative Maintenance
  • Spousal-maintenance
  • Divorce-act
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Family And Children [2015] ZAGPPHC 1006

Friedrich and Others v Smit N.O. and Others (A1056/2013)

Friedrich and Others v Smit N.O. and Others (A1056/2013) [2015] ZAGPPHC 1006; [2015] 4 All SA 805 (GP) (13 October 2015)

Appeal about a surviving spouse’s maintenance claim against an estate and the Master’s power under the Administration of Estates Act.

  • Maintenance Of Surviving Spouses Act
  • Administration Of Estates Act
  • Quantum Of Maintenance
  • Judicial Review Of Master
  • Liquidation And Distribution Account
  • Surviving-spouse-maintenance
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Family And Children [2011] ZAGPPHC 30

Van Der Westhuizen v Van Der Westhuizen (55831/08)

Van Der Westhuizen v Van Der Westhuizen (55831/08) [2011] ZAGPPHC 30 (28 March 2011)

Divorce judgment awarding the defendant lump-sum and monthly maintenance, with escalation, after finding her future income uncertain and the plaintiff able to pay.

  • Maintenance After Divorce
  • Quantum Of Maintenance
  • Standard Of Living Post Divorce
  • Ante Nuptial Contract
  • Escalation Of Maintenance
  • Maintenance-after-divorce
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Family And Children [2009] ZAWCHC 137

L.M v G.J.M (10339/2006)

L.M v G.J.M (10339/2006) [2009] ZAWCHC 137 (21 July 2009)

High Court divorce judgment refusing post-divorce maintenance where the plaintiff failed to show extraordinary circumstances under section 7(2) of the Divorce Act.

  • Post Divorce Maintenance
  • Divorce Act Section 7 2
  • Discretionary Maintenance Award
  • Reciprocal Duty Of Support
  • Quantum Of Maintenance
  • Post-divorce-maintenance
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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.