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Understanding Rule 43 Applications in South African Family Law. – A.J.K v J.J.L.K (3831/2023) [2024] ZAFSHC 52 (19 February 2024).

Introduction and Facts of the Application The case judgement delivered on 19 February 2024 by M.T. Jordaan, AJ, concerns an opposed Rule 43 application within the context of ongoing matrimonial…

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Contempt and Conduct in Divorce Disputes: Navigating the Thin Line Between Legal Obligations and Personal Responsibility. – J.S.H v M.S.H and Others (1308/2024) [2024] ZAWCHC 42 (16 February 2024).

Background and Proceedings Initiated The case of J.S.H v M.S.H and Others, heard in the Western Cape High Court on 26 January 2024, under the judgment of Adhikari AJ, arose…

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Adversarial Litigation in Divorce and Family Law Practitioners’ Conduct: Unpacking – D.N.Q v P.Q (49090/2021) [2024] ZAGPPHC 12 (12 January 2024).

Background of the Dispute The case of D.N.Q v P.Q (49090/2021) ZAGPPHC 12, presided over by Marumoagae AJ, emerged from a dispute within the context of a protracted divorce process.…

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Shaping the Future of Family Law: A Pivotal South African Case on Child Relocation – T.R v S.M (035901/2023) [2024] ZAGPJHC 35 (17 January 2024).

Facts of the Case Background Parties and Relationship: From 2009 to 2012, T.R (the applicant) and S.M (the respondent) were in a relationship but never married. They had a daughter…

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A Crucial Judgement for Family Law Practitioners: Insights from a Non-Family Law Case: A Critical Analysis of Recent South African Case Law on Legal Practitioner Conduct and Cost Orders. – Strydom and Another v Coomans and Others (M533/2021) [2024] ZANWHC 6 (8 January 2024)

In November 2023, the court was presented with a request for reasons pertaining to a judgement made on the 16th of November 2023. This judgement had dismissed an application for…

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Marriage Misconduct and Asset Forfeiture: A Pivotal Ruling in Z v Z (34253/2010) [2024] ZAGPJHC – 4 (10 January 2024).

Case Overview In the High Court of South Africa, Gauteng Division, Johannesburg, the case of Z v Z (Case No: 34253/2010) was presided over by Adams J. The judgment, delivered…

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The Unexpected Counsellor – A Divorce Lawyer’s Strategies to Navigate Love and Avoid Heartbreak.

About the Book In the intricate dance of relationships, where every step counts and every misstep matters, Bertus Preller's latest book, "The Unexpected Counsellor," emerges as a beacon of wisdom…

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Navigating the Complex Waters of Financial Disclosure in Rule 43 Applications and Legal Ethics: A Closer Look at a Landmark Ruling and the Conduct of the Respondent’s Attorney.

I P v N P ; In re: N P v I P (16768/2023) ZAWCHC 170 (20 November 2023) Analysis of Rule 30 and Rule 43 Applications Overview of the…

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Untangling the Web of Adversary: A High Court Cry for Child-Centric Divorce Proceedings.

D.W.A v C.A - Rule 43 Application (1126/2022) ZAECQBHC 53 (26 September 2023) In a recent judgment emanating from the High Court of South Africa, Eastern Cape Local Division - Gqeberha,…

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The Detrimental Ripple: Unveiling the Impact of Aggressive, Subjective, and Misguiding Legal Practices on Divorce Proceedings and Co-Parenting.

Case Study: Manamela v Maite (2023/055949) ZAGPJHC 1011 (6 September 2023) Introduction In the realm of legal practice, the case of Manamela v Maite in the High Court Johannesbutg presents…

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