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South Africa decisions
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R.V.B v J.V.B [2024] ZAFSHC 378; 2025 (4) SA 297 (FB) (19 November 2024)
High Court held that EB applies to pending divorce proceedings and allowed a spouse to amend her counter-claim to seek redistribution under section 7(3).
M.M v P.J.M (2016/13852) [2024] ZAGPJHC 593 (18 June 2024)
High Court divorce judgment ordering equal division of a home bought during marriage, despite an antenuptial contract excluding community, accrual and profit and loss.
J.H.D.P v C.D.P (10025/2021) [2024] ZAGPPHC 215 (22 February 2024)
The High Court granted separation of issues in a divorce matter, confirmed the divorce, and ordered existing Rule 43 maintenance orders to remain in force.
M.V v E.V (nee VS) (20263/23) [2023] ZAWCHC 330 (14 December 2023)
Urgent application to separate the divorce decree from maintenance and redistribution issues was dismissed because the issues were intertwined and urgency was not proved.
MJ K v II K (360/2021) [2022] ZASCA 116; 2023 (2) SA 158 (SCA) (28 July 2022)
The Supreme Court of Appeal held that the respondent failed to establish any fraudulent or dishonest purpose in the creation or management of the trusts and close corporation. The trusts and close corporation were formed for legitimate estate planning and asset protection purposes, and the evidence did not support the contention that they were the appellant's alter ego or that their assets should be included in the accrual calculation. The High Court erred by straying beyond the issues defined in the pleadings and by finding that the appellant acted with improper motive. The legal basis for p…
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A.V.R v J.V.R and Others (4366/2016) [2020] ZAWCHC 134 (23 October 2020)
The High Court granted the wife a lump-sum and daily contribution to costs under rule 43(6), and dismissed the husband’s rule 30 counter-application.
N.K v D.K (2016/06073) [2019] ZAGPJHC 18 (17 January 2019)
The High Court dismissed an application to rescind a divorce order, finding no reasonable explanation for default and no bona fide defence to redistribution relief.
R.S v I.S (8280/2015) [2018] ZAGPPHC 605 (4 May 2018)
High Court divorce judgment granting divorce, a section 7(3) redistribution order, nominal maintenance, and costs based on the plaintiff’s contributions and the defendant’s asset dealings.
R.T.R v D.J.R (37229/2015) [2018] ZAGPPHC 606 (23 February 2018)
The court found that the applicant had satisfied the requirements of Section 7(4) of the Zimbabwean Matrimonial Causes Act, having made substantial non-financial contributions to the marriage over its 28-year duration. The respondent's financial position and earning capacity far exceeded that of the applicant, who was primarily a homemaker and caregiver. The court rejected a strict equal division, instead exercising its discretion to order a 40/60 apportionment of the respondent's business interests in Mozambique, reflecting both parties' contributions and the realities of post-divorce asset…
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S.A.V v H.J.V (Leave to Appeal) (19579/2013) [2018] ZAGPPHC 373 (12 February 2018)
The court found that while the grounds of appeal lacked merit, the exercise of discretion under section 7(3) of the Divorce Act could reasonably be interpreted differently by another court. Given the impact of the redistribution order and the possibility that another court may reach a different conclusion, leave to appeal was granted. The evidence of the respondent's contributions was overwhelming and uncontroverted, justifying the redistribution order. The cost order may also be affected by the outcome of the appeal, warranting leave on that issue as well.
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