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South Africa decisions
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J.W v C.W (18559/2016) [2020] ZAWCHC 141 (30 October 2020)
Divorce judgment on post-divorce maintenance, child support, and costs. The court ordered rehabilitative maintenance for the wife, token maintenance later, and child maintenance.
M G v R G (AR 461/09) [2010] ZAKZPHC 105 (8 February 2010)
The presiding officer materially misdirected herself by refusing to grant token maintenance, despite uncontested evidence of the appellant's need and the respondent's conduct. The refusal deprived the appellant of the right to claim increased maintenance in the future, which is contrary to established legal principles and the constitutional imperative to protect vulnerable parties. The approach in this Division towards token maintenance is consistent with constitutional jurisprudence recognising the vulnerability of women and the need for judicial vigilance. On forfeiture of benefits, the app…
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