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South Africa Case Law

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Family And Children [2025] ZAGPJHC 534

N.S.F v R.H.F (2024/060778)

N.S.F v R.H.F (2024/060778) [2025] ZAGPJHC 534 (2 June 2025)

Rule 43 application partly granted. The court ordered interim spousal maintenance, continued listed monthly payments, and a R60,000 contribution to legal costs.

  • Maintenance Pendente Lite
  • Contribution To Costs
  • Divorce Act Section 7
  • Financial Disclosure
  • Spousal Support
  • Rule-43-maintenance
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Family And Children [2025] ZAECMKHC 39

B.G.N v N.P.N (755/2021)

B.G.N v N.P.N (755/2021) [2025] ZAECMKHC 39 (15 April 2025)

Divorce action in which the High Court granted forfeiture of the plaintiff’s half share of the defendant’s pension interest, finding substantial misconduct and undue benefit.

  • Divorce Act Forfeiture
  • Community Of Property
  • Substantial Misconduct
  • Division Of Joint Estate
  • Spousal Support
  • Domestic Violence
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Family And Children [2025] ZAGPJHC 41

K.L.W v C.S.W (2020/35177)

K.L.W v C.S.W (2020/35177) [2025] ZAGPJHC 41 (22 January 2025)

The court found that the applicant, having moved in with and being supported by her boyfriend, is not entitled to maintenance from the respondent, as it would be unjust and contrary to public policy for her to receive support from both men. The applicant's financial disclosure revealed she is living rent-free, has access to resources, and is supported by her boyfriend, who has paid her legal costs. Regarding the children, the court accepted that there has been a material change in circumstances, with increased expenses substantiated by the applicant. The respondent's financial disclosure demo…

  • Maintenance Variation
  • Spousal Support
  • Child Support
  • Rule 43 Procedure
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Family And Children [2025] ZAGPPHC 23

T.M.C v K.M.P (038855/2023)

T.M.C v K.M.P (038855/2023) [2025] ZAGPPHC 23 (6 January 2025)

The High Court granted Rule 43 interim maintenance for the applicant and minor child, rejected technical objections, and ordered child-related support pending divorce.

  • Maintenance Pendente Lite
  • Rule 43 Procedure
  • Best Interests Of Child
  • Spousal Support
  • Financial Disclosure
  • Costs In The Cause
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Family And Children [2024] ZAWCHC 406

M.S.H v J.S.H (Reasons) (618/2019)

M.S.H v J.S.H (Reasons) (618/2019) [2024] ZAWCHC 406 (29 November 2024)

The High Court varied a Rule 43 maintenance order after the father sold the family home, but protected the mother and children from homelessness.

  • Maintenance Variation
  • Rule 43 Application
  • Best Interests Of Child
  • Spousal Support
  • Arrear Maintenance
  • Accommodation Obligation
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Family And Children [2024] ZAGPJHC 1205

G.C.L v T.P.L (14148/2020)

G.C.L v T.P.L (14148/2020) [2024] ZAGPJHC 1205 (22 November 2024)

Rule 43 maintenance and legal-costs application dismissed; the court found no proper basis for an increased interim maintenance award or broader costs contribution.

  • Maintenance Pendente Lite
  • Contribution To Costs
  • Rule 43 Procedure
  • Spousal Support
  • Disclosure Of Means
  • Maintenance-pendente-lite
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Family And Children [2024] ZAGPJHC 684

M.Y v J.Y (2024/013982)

M.Y v J.Y (2024/013982) [2024] ZAGPJHC 684 (26 July 2024)

Rule 43 interim maintenance application dismissed for lack of full financial disclosure and an incomplete, unexplained claim. The court upheld the respondent's second point in limine.

  • Interim Maintenance
  • Rule 43 Procedure
  • Financial Disclosure
  • Spousal Support
  • Costs Order
  • Rule-43
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Family And Children [2024] ZAGPJHC 465

E.W v S.W (26912/2019)

E.W v S.W (26912/2019) [2024] ZAGPJHC 465 (29 April 2024)

Rule 43(6) variation application dismissed after the court found the applicant had not made full financial disclosure and failed to show a material change.

  • Maintenance Pendente Lite
  • Rule 43 Variation
  • Non Disclosure
  • Contribution Towards Costs
  • Spousal Support
  • Interim Relief
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Family And Children [2023] ZAGPJHC 1441

L.B v D.F.B (013221/2021)

L.B v D.F.B (013221/2021) [2023] ZAGPJHC 1441 (8 December 2023)

In a Rule 43 divorce application, the High Court ordered interim maintenance, medical and vehicle-related payments, rental support, and a reduced legal-cost contribution.

  • Interim Maintenance
  • Contribution To Legal Costs
  • Spousal Support
  • Rule 43 Procedure
  • Rule-43
  • Interim-maintenance
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Family And Children [2023] ZAWCHC 317

J.K v E.S.K (15912/2023)

J.K v E.S.K (15912/2023) [2023] ZAWCHC 317; [2024] 1 All SA 775 (WCC) (29 November 2023)

Rule 43 interim maintenance was granted to a wife and two children pending divorce, with the court rejecting an unclean-hands defence.

  • Interim Maintenance
  • Rule 43 Procedure
  • Spousal Support
  • Contribution To Legal Costs
  • Best Interests Of Child
  • Rule-43
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