South Africa Case Law

G.D v Minister of Home Affairs and Others (2252/2024)

G.D v Minister of Home Affairs and Others (2252/2024) [2025] ZAECQBHC 1 (4 February 2025)

Court

Eastern Cape High Court, Gqeberha

Case number

2252/2024

Judge

O H Ronaasen

The court found that section 7(7)(c) of the Divorce Act irrationally differentiates between spouses in post-1984 marriages out of community of property without accrual and all other spouses, by excluding pension interests from redistribution. This differentiation is no longer rationally connected to any legitimate government purpose following the Constitutional Court's decision in KG, which extended the redistribution remedy to all such marriages. The exclusion disproportionately prejudices women, who are more likely to be economically disadvantaged and have smaller or no pension interests, a…

Source excerpt

• Divorce Act Section 7
• Unfair Discrimination
• Gender Equality
• Redistribution Of Assets
• Pension Interest
• Constitutional Invalidity

L.Z (Previously R) v L.J.Z (071537/2024)

L.Z (Previously R) v L.J.Z (071537/2024) [2024] ZAGPPHC 852 (27 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

071537/2024

Judge

Nyathi

The court found that the applicant's claims for maintenance and contribution to legal costs were reasonable and supported by the evidence of the parties' respective financial positions. The respondent's arguments regarding the prematurity of the legal costs application and limitations on certain expenses were not supported by law or fact. The applicant demonstrated a genuine need for relief, particularly given the special circumstances of the children and the respondent's substantial income and lifestyle. The respondent's willingness to accept most of the demands indicated no intent to shirk…

Source excerpt

• Maintenance Pending Divorce
• Contribution To Legal Costs
• Primary Residence Of Minor
• Redistribution Of Assets
• Termination Of Joint Ownership

H.C.C v C.C (7225/2022)

H.C.C v C.C (7225/2022) [2024] ZAGPPHC 758; 2025 (1) SA 426 (GP) (31 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

7225/2022

Judge

JA Kok

The court found that the defendant, as the primary caregiver and homemaker throughout the marriage, contributed indirectly to the maintenance and increase of the plaintiff's estate. The exclusion of the accrual system in the antenuptial contract does not preclude a redistribution order, especially in light of constitutional imperatives for substantive gender equality. The defendant's contributions, though typical of a traditional marriage, are sufficient under section 7(3) of the Divorce Act. The plaintiff's financial means are limited, but both parties must accept a reduced standard of livin…

Source excerpt

• Divorce Act Section 7 3
• Redistribution Of Assets
• Spousal Maintenance
• Parental Rights And Responsibilities
• Accrual System Exclusion

S.H v S.H (12415/22)

S.H v S.H (12415/22) [2024] ZAGPPHC 365 (17 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

12415/22

Judge

Malatsi-Teffo

An uncontested divorce involving a Zimbabwean marriage was granted, with the court also ordering redistribution of assets and no costs order.

• Foreign Marriage Recognition
• Irretrievable Breakdown
• Redistribution Of Assets
• Jurisdiction In Divorce
• Authenticity Of Documents
• Foreign-marriage-recognition

W.L v W.B.L (2022-015956)

W.L v W.B.L (2022-015956) [2023] ZAGPJHC 1189 (15 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022-015956

Judge

F Bezuidenhout

High Court dismissed a rescission application seeking to undo a default divorce order so the applicant could pursue spousal maintenance and redistribution claims.

• Divorce Act Section 7 2
• Divorce Act Section 7 3
• Rescission Of Judgment
• Spousal Maintenance
• Redistribution Of Assets
• Rescission-of-judgment

M.J.S v C.T.S (A101/2020)

M.J.S v C.T.S (A101/2020) [2022] ZAGPPHC 212 (14 February 2022)

Court

North Gauteng High Court, Pretoria

Case number

A101/2020

Judges

N V Khumalo, N Manoim, T Ncongwane

Appeal in a divorce matter upheld after the High Court found the trial court granted unpleaded relief and made maintenance and redistribution orders without proper evidential basis.

• Divorce Act Section 7
• Redistribution Of Assets
• Spousal Maintenance
• Non Joinder
• Pleadings And Prejudice
• Divorce-act-section-7

R.T.R v D.J.R (37229/2015)

R.T.R v D.J.R (37229/2015) [2021] ZAGPPHC 106 (10 February 2021)

Court

North Gauteng High Court, Pretoria

Case number

37229/2015

Judge

N Davis

The court dismissed condonation and leave to appeal, found the respondent in contempt for non-compliance with a divorce order, and varied parts of the redistribution order.

• Contempt Of Court
• Variation Of Divorce Order
• Maintenance
• Redistribution Of Assets
• Leave To Appeal
• Matrimonial Property

I K v M K and Others (5600/2017)

I K v M K and Others (5600/2017) [2020] ZAFSHC 221 (27 November 2020)

Court

Free State High Court, Bloemfontein

Case number

5600/2017

Judge

NM MBHELE

The court found that the first defendant exercised de facto control over the trusts and close corporation, treating trust assets as his own and failing to maintain a separation between his personal estate and the trust estates. The evidence showed that the trusts were used to conceal assets and frustrate the plaintiff's accrual claim, particularly after the marital relationship deteriorated. The trust deeds gave the first defendant absolute power over beneficiaries and asset distribution, and the plaintiff was excluded from trust decisions despite being a trustee and beneficiary. The court he…

Source excerpt

• Accrual System
• Piercing Trust Veil
• Redistribution Of Assets
• Maintenance Order
• Trust Property Control Act
• Fiduciary Duties

D.L.G v D.W.V.G (484/2014)

D.L.G v D.W.V.G (484/2014) [2016] ZAWCHC 19 (29 January 2016)

Court

Western Cape High Court, Cape Town

Case number

484/2014

Judges

Gamble, Erasmus

The appeal court found that the regional magistrate correctly applied section 7(3) of the Divorce Act, considering the wife's substantial contributions to the husband's estate and the overall circumstances of the marriage. The magistrate exercised her discretion properly, taking into account the relevant legal principles and factual findings, including the parties' respective estates, contributions, and compensation received during the marriage. The court rejected the appellant's argument that the trial court erred by applying a quasi-accrual approach, confirming that the discretion under sec…

Source excerpt

• Divorce Act Section 7 3
• Redistribution Of Assets
• Proprietary Consequences Of Divorce
• Maintenance
• Antenuptial Contract

Hutton v Hutton (1619/08)

Hutton v Hutton (1619/08) [2008] ZAECHC 198 (20 November 2008)

Court

High Courts - Eastern Cape

Case number

1619/08

Judge

Jones

In a Rule 43 divorce application, the court found the wife needed a costs contribution and the husband could afford one, ordering R70,000 and allowing a later further application.

• Contribution Towards Costs
• Rule 43 Procedure
• Matrimonial Property
• Maintenance
• Redistribution Of Assets
• Rule-43