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South Africa Case Law

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Family And Children [2019] ZAWCHC 111

A.F v M.F (6664/19)

A.F v M.F (6664/19) [2019] ZAWCHC 111; 2019 (6) SA 422 (WCC); [2020] 1 All SA 79 (WCC) (28 August 2019)

Court
Western Cape High Court, Cape Town
Case number
6664/19
Judge
D M Davis

The court held that the applicant is entitled to a contribution towards legal costs already incurred, including debts to family and attorneys, as part of the reciprocal duty of support. The constitutional imperatives of equality, dignity, and access to courts require that an indigent spouse be enabled to present her case adequately, and there is no justification for an arbitrary rule limiting contributions to only part of the costs. The applicant's legal costs were found reasonable, and the respondent has the means to pay. The court also found that the applicant is entitled to increased month…

Source excerpt

  • Rule 43 Contribution To Costs
  • Spousal Maintenance
  • Arrear Legal Costs
  • Duty Of Support
  • Maintenance For Major Child
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Family And Children [2017] ZAGPPHC 48

H.M.S v T.S (66405/2013)

H.M.S v T.S (66405/2013) [2017] ZAGPPHC 48 (8 February 2017)

Court
North Gauteng High Court, Pretoria
Case number
66405/2013
Judge
D B Tshabalala

The court found that the applicant had established a prima facie case for contribution to costs, given the lengthy marriage, the respondent's greater financial resources, and the need for equality before the law. The respondent's assets and income were substantially higher than the applicant's, and the respondent had been in contempt of previous orders, necessitating further litigation. However, the court considered the scale of costs claimed excessive and awarded a reduced contribution of R75,000.00, payable in two instalments, to enable the applicant to prepare and present her case adequate…

Source excerpt

  • Rule 43 Contribution To Costs
  • Divorce Proceedings
  • Duty To Support
  • Contempt Of Court
  • Equality Before Law
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.