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South Africa Case Law

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Family And Children [2024] ZAGPJHC 1132

F.A v D.P (Reasons) (2024/041851)

F.A v D.P (Reasons) (2024/041851) [2024] ZAGPJHC 1132 (5 November 2024)

In an unopposed divorce matter, the court removed the case from the roll because the plaintiff’s papers did not adequately support the claim that the defendant had absconded rather than died.

  • Divorce
  • Forfeiture Of Patrimonial Benefits
  • Presumption Of Death
  • Parental Responsibility
  • Unopposed Divorce
  • Missing Persons
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Family And Children [2024] ZAGPPHC 1046

P.V.Z v L.V.Z (047502/2024 ; 36830/2022 ; 064524/2023)

P.V.Z v L.V.Z (047502/2024 ; 36830/2022 ; 064524/2023) [2024] ZAGPPHC 1046; [2025] 1 All SA 265 (GP) (10 October 2024)

The court held that shared residency is not automatically best for children and required oral evidence, Family Advocate input, and proper maintenance assessment.

  • Shared Residency
  • Best Interests Of Child
  • Maintenance Contributions
  • Parenting Plan
  • Role Of Family Advocate
  • Unopposed Divorce
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Civil Procedure [2018] ZANWHC 69

Tsakane v Mogotsi and Another (M 406/2017)

Tsakane v Mogotsi and Another (M 406/2017) [2018] ZANWHC 69 (16 February 2018)

The High Court reviewed and set aside a divorce order after finding the unrepresented applicant was denied a fair chance to speak and the joint estate was not properly considered.

  • Review Of Magistrate Decision
  • Division Of Joint Estate
  • Right To Be Heard
  • Unopposed Divorce
  • Procedural Irregularity
  • Review-of-magistrate-decision
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Family And Children [2017] ZAGPJHC 400

T v T (012580/16)

T v T (012580/16) [2017] ZAGPJHC 400 (19 November 2017)

Leave to appeal was dismissed where the parties had agreed to remove an unopposed divorce from the roll and the costs order was within the court’s discretion.

  • Unopposed Divorce
  • Costs Orders
  • Spousal Maintenance
  • Practice Manual Compliance
  • Leave-to-appeal
  • Divorce-procedure
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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.