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Balancing Parental Rights and the Best Interests of the Child in High-Conflict Care and Contact Cases. – TH v CH (14667/2022) [2024] ZAWCHC 100 (9 April 2024).

Introduction In TH v CH (14667/2022) ZAWCHC 100 (9 April 2024), the Western Cape High Court heard a case between divorced parents, TH (the father and applicant) and CH (the…

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High Court Addresses Pension Fund Benefits and Arrear Maintenance, Forfeiture Not Applied in K.B.P v T.L.P (DIV 155/2014) [2024] ZANWHC 105 (17 April 2024).

Introduction The High Court of North West, Mahikeng, heard an opposed divorce case between Mrs. B.P. (plaintiff) and Mr. L.P. (defendant), who were married in community of property on 11th…

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L.R v T.S (2023/123933) [2024] ZAGPJHC 336 (5 April 2024): High Court Emphasises Importance of Personal Service in Divorce Actions.

Background and Facts of the Case The Plaintiff, L.R., instituted divorce proceedings against the Defendant, T.S., and set the matter down on the Unopposed Divorce Court roll. The parties had…

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Duties of Trustees Unveiled: Insights from the M.F v V.F Case Analysis – M.F v V.F and Others (2003/22202) [2024] ZAGPJHC 318 (2 April 2024).

The Facts Mr. M F (the applicant) and Mrs. V F (the first respondent) were married until their divorce on 15 July 2005. The divorce order incorporated a settlement agreement,…

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Unraveling Trust Assets in Divorce: Navigating South African Matrimonial Law.

Trust Assets in Matrimonial Disputes: Navigating South African Legal Waters In South African family law, the treatment of trust assets in matrimonial disputes, particularly during divorce proceedings, presents a complex…

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Deciphering Asset Exclusions in Divorce: The Landmark Case of B F v R F (2017/5018A) [2018] ZAGPJHC 699; 2019 (4) SA 145 (GJ) (2 July 2018) and Its Impact on South African Family Law.

Introduction, Key Legal Issue, and Antenuptial Contract Asset Exclusion The case of B F v R F delved into the complex interpretation of an antenuptial contract, specifically focusing on a…

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Commencement Values in Divorce: Analysing T.N v N.G (formerly N) and Others (18159/2013) [2018] ZAWCHC 29; 2018 (4) SA 316 (WCC) (12 March 2018) and the Impact on Antenuptial Contract Interpretation in South Africa.

Introduction and Facts In the case of T.N v N.G (formerly N) and Others, the Western Cape Division of the High Court in Cape Town presided over a divorce action…

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Amplifying the Child’s Voice: Navigating Family Law in South Africa.

The principle of the child's voice in South African family law represents a fundamental aspect of the legal system’s commitment to ensuring that children's rights and welfare are prioritized in…

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