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South Africa decisions
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M.C.M v M.S.M (Appeal) (HCA16/2024) [2025] ZALMPPHC 153 (11 August 2025)
The High Court dismissed an appeal against forfeiture of a respondent’s pension interest in a divorce, holding the appellant’s misconduct justified the order.
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.
J.C.T v S.T (2019/22316) [2024] ZAGPJHC 1123 (31 October 2024)
Divorce judgment on forfeiture under section 9 of the Divorce Act, granting forfeiture of investment proceeds against the husband but not the house or vehicle.
M.C.N v G.M.L.N (Born M.) (1629/2022) [2024] ZAGPPHC 516 (7 June 2024)
The court found that, although the marriage formally lasted 24 years, the parties ceased living as husband and wife after six years. The plaintiff failed to provide credible evidence of his income and did not support the family, while the defendant was the breadwinner and provided stability. The plaintiff's conduct, including alleged involvement in illegal activities and lack of financial support, constituted substantial misconduct. Applying section 9(1) of the Divorce Act, the court concluded that the plaintiff would be unduly benefitted if allowed to share in the defendant's pension interes…
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Z v Z (34253/2010) [2024] ZAGPJHC 4 (10 January 2024)
Divorce case on forfeiture under section 9 of the Divorce Act. The court found substantial misconduct by the husband and ordered partial forfeiture of the wife’s pension interest.
M.L.R (Born N) v L.S.R (1478/2019) [2023] ZALMPTHC 18 (14 December 2023)
The High Court granted divorce, refused forfeiture of patrimonial benefits, ordered equal division of the joint estate, and directed each party to bear own costs.
B.L.ST v M.J.M (33568/20) [2023] ZAGPPHC 1125 (4 September 2023)
High Court divorce case applying s 9 of the Divorce Act to order forfeiture of pension benefits and division of the joint estate.
B.R.B.M v R.K.B.M [2023] ZAGPPHC 403; 19279/2019 (5 June 2023)
The court found that the parties were married in community of property for 22 years, which constitutes a long duration. However, the Defendant failed to make tangible contributions to the joint estate, both during the marriage and after separation, and committed substantial misconduct through financial deprivation and infidelity. The Plaintiff was the primary financial provider and caregiver for the children. The Defendant's benefit from the dissolution of the marriage would be undue, as she did not contribute meaningfully to the accumulation of assets. The court held that the Plaintiff met t…
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M v M (022/2022) [2023] ZASCA 75 (26 May 2023)
The Supreme Court of Appeal found that the full court misdirected itself by raising condonation and waiver issues mero motu, which were neither pleaded nor ventilated at trial. The evidence established that the respondent engaged in a prolonged extramarital affair, misappropriated joint estate assets for the benefit of Eva, and failed to contribute meaningfully to the joint estate. The applicant did not condone the respondent's misconduct, and her refusal of conjugal rights was justified by health concerns. The respondent's conduct constituted substantial misconduct, and the applicant made si…
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M v M (1305/2021) [2023] ZASCA 33 (31 March 2023)
The SCA held that the respondent had not proved substantial misconduct or undue benefit to justify forfeiture of the appellant’s share of her pension interest.
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