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South Africa decisions
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M.F v M.D.F and Others (8466/2022) [2025] ZALMPPHC 4 (28 January 2025)
The High Court ordered joinder of two trustees to a pending divorce action because the trust’s assets may be affected by the proposed redistribution claim.
D.J.M.F and Another v L.F and Others (749/2020) [2024] ZAGPPHC 1315 (11 December 2024)
The High Court refused to separate divorce issues from maintenance, accrual and trust claims, holding that the applicant had not shown proper grounds under Rule 33(4).
E.S v R.B (23212016) [2024] ZANCHC 108 (29 November 2024)
The court found that the parties freely and voluntarily agreed to include the trust assets in the respondent's estate for accrual purposes in the deed of settlement, which was incorporated into the divorce decree. There was no common mistake or justus error established by the respondent. The inclusion of trust assets did not offend section 12 of the Trust Property Control Act or the trust deed, as South African law allows for the trust form to be pierced in cases of unconscionable abuse, and the parties settled on this basis. The respondent's delay in bringing the counter-application was egre…
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N-A.K v T.P.K and Others (2503/2020) [2024] ZAWCHC 297 (25 September 2024)
The High Court granted joinder of trustees to a divorce action, holding that the applicant had shown a direct and substantial interest under Rule 10(3).
Y.M v T.J.M N.O and Others (2022-026526) [2024] ZAGPPHC 901 (5 September 2024)
The High Court granted joinder of a trust and company in a divorce action involving accrual, holding their assets may affect the matrimonial estate calculation.
B.J.M v W.R.M (2022/9405) [2023] ZAGPJHC 401 (26 April 2023)
Rule 43 divorce interim relief: the court ordered R75,000 monthly maintenance and R2.8 million toward the applicant’s legal costs.
E.V (born S) v J.H.V and Others (135/2020) [2023] ZAECMKHC 41 (28 February 2023)
The court held that while the accrual claim only vests upon dissolution of the marriage, the applicant is entitled to seek a decree of divorce and orders relating to accrual and trust assets in the same action. The requested particulars regarding the first respondent's financial affairs and trust assets are relevant and strictly necessary for trial preparation, given the nature of the relief sought. The court distinguished prior case law where accrual was not directly in issue and found that full disclosure is required to enable proper trial preparation and avoid prejudice. The respondents' a…
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M.L.J v A.J and Others (50044/2011) [2022] ZAGPPHC 323 (20 May 2022)
The High Court granted joinder of the AJ Familie Trust trustees in a divorce action, holding the Trust had a direct and substantial interest in the relief sought.
Scharrighuisen NO and Others v Scharrighuisen and Others (6837/2020) [2021] ZAWCHC 19 (21 January 2021)
The court found that the subpoena was not premature, irrelevant, or an abuse of process. The documents sought were relevant to the issues in dispute, particularly the plaintiff's claims for maintenance and the nature of the trust assets. Confidentiality did not bar production, and no privilege was claimed. The trust failed to demonstrate any prejudice or that the subpoena was issued for an extraneous purpose. The trust also failed to establish locus standi or a sufficient interest in setting aside the subpoena, especially as the first defendant did not object. The court held that the procedur…
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R.S N.O and Others v C.M.S and Others (6837 / 2020) [2021] ZAWCHC 6 (21 January 2021)
The High Court refused to set aside a subpoena for trust bank records in a divorce dispute, finding the documents relevant and no abuse of process shown.
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