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Understanding the Suspension of Maintenance Orders: Insights from – R.A v F.A (14491/2020; 14490/2020; 19594/2021) [2024] ZAWCHC 35 (9 February 2024) – LEKHULENI J.

Maintenance Disputes: Navigating Rule 43(6) Orders In the significant legal decision of R.A v F.A, delivered on 9 February 2024 by Lekhuleni J in the Western Cape High Court, the…

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Unlocking Fairness in Divorce: The Critical Role of Full Disclosure in Rule 43 Applications. – C.A v H.A (5578/2022) [2024] ZAWCHC 25 (6 February 2024).

Introduction In the case of C.A vs. H.A, brought under Rule 43 of the Uniform Rules of Court, the applicant sought interim maintenance for herself while awaiting the finalisation of…

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Navigating Family Dynamics: A Comprehensive Analysis of a Rule 43 Application. – T E v V E (2023/021747) [2024] ZAGPJHC 94 (2 February 2024).

Introduction: The Complexity of Rule 43 Applications Rule 43 applications serve as a pivotal yet challenging facet of divorce proceedings, offering a singular affidavit to each litigant to encapsulate a…

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Unravelling the Tangles of Divorce: A South African Rule 43 – Case Study on Interim Maintenance and Legal Costs – T.C v B.C (21300/2022) [2024] ZAGPJHC 48 (25 January 2024).

Background In this case, presided over by Mahomed AJ, an application was made for interim maintenance and a contribution toward legal costs, in line with Rule 43 of the Uniform…

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Rule 43(6), Cost Contribution, and the Perils of Financial Non-Disclosure in South African Matrimonial Litigation. – G, Z v G, J.G.C (77979/2018) [2024] ZAGPPHC 7 (12 January 2024).

Introduction In this intricate and legally significant judgment Marumoagae AJ presided over a Rule 43(6) application that illuminated key aspects of South African family law, particularly in the context of…

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Redefining Fairness: New Case Analysis on Spousal Support Where Mother Lived with Parents, Rule 43. – K.A.E v W.N.E (58415/2021) [2023] ZAGPJHC 1488 (18 December 2023).

Facts of the Case Background and Parties Marriage and Separation: The parties, K.A.E (applicant) and W.N.E (respondent), were married in 2010 and separated in 2017, a year after the birth…

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Failure to Pay Maintenance Leads to Retirement Annuity Attachment: A South African High Court Ruling. MO v RO AND ANOTHER – Case Number: 15617/2022 – 5 January 2024.

Case Overview In a recently concluded application in the High Court of South Africa (Western Cape Division, Cape Town), with case number 15617/2022, MO (the applicant) brought an urgent application…

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Legal Drama Meets Rock ‘n’ Roll: PILLAY AJ’s Ruling against Attorney/Respondent in a Rule 43 application with an Ozzy Osbourne Twist – J K v E K (15912/2023) [2023] ZAWCHC 182 (29 November 2023)

Background of the Case Marriage and Separation Details: The parties were married on 1 December 2012, with their marriage being out of community of property and incorporating the accrual system.…

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Cross-Border Complexities in High-Net-Worth Divorce: An In-Depth International Case Study from South Africa. – AG v YG (3932/2016) [2023] ZAWCHC 147.

Introduction to the Case The case in question, a highly contentious divorce, began when the wife-initiated proceedings against her husband on 7 March 2016. After numerous interlocutory applications and delays,…

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Navigating Financial Disclosure: The Turning Tide in Maintenance Variation Cases – Rule 43(6) – B.W.H v S.A.H (22802/2021) [2023] ZAGPJHC 1348 (21 November 2023).

Facts of the Case In this intricate legal matter, a husband (the applicant) sought a retrospective variation of a maintenance order previously issued by Adams J under Rule 43 of…

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