blog-image

The Limits of Third-Party Rights in Child Contact: P.D and Another v A.R and Another (D779/2023) [2024] ZAKZDHC 27 (17 May 2024).

Background of the case The case of P.D and Another v A.R and Another (D779/2023) ZAKZDHC 27 (17 May 2024) involved an unusual set of facts. The applicants, who were…

READ MORE

blog-image

Ex-Husband Pays the Price for Secret Video Scandal. The Right to Privacy Triumphs: CEA v MB (D4460/2023) [2024] ZAKZDHC 26 (17 May 2024)

THE FACTS OF THE CASE The case of CEA v MB, heard in the High Court of South Africa, KwaZulu-Natal Local Division, Durban, involved a woman (the applicant) who sought…

READ MORE

blog-image

Encouraging Decorum: The Importance of Non-Hostile Conduct Among Family Law Attorneys in D v D (2021/23816) [2024] ZAGPJHC 1688 (26 April 2024).

Introduction In the case of D v D (2021/23816) ZAGPJHC 1688 (26 April 2024), the crux of the matter stemmed from the respondent's decision to issue a writ of execution…

READ MORE

blog-image

Piercing the Trust Veneer in Divorce: A Constitutional Approach to Achieving Equity (Matrimonial Property Act 88 of 1984; Badenhorst v Badenhorst 2006 (2) SA 255 (SCA); RP v DP 2014 (6) SA 243 (ECP)).

Introduction The accrual system, as set out in the Matrimonial Property Act 88 of 1984 (hereafter referred to as the MPA), is a matrimonial property regime that aims to recognise…

READ MORE

blog-image

Constitutionality of Barring Appeals Against Rule 43 Orders: S v S and Another (Centre for Child Law as Amicus Curiae) 2019 (6) SA 1 (CC).

Introduction: The Facts and Procedural History of S v S and Another The Constitutional Court case of S v S and Another (Centre for Child Law as Amicus Curiae) 2019…

READ MORE

blog-image

H.J v P.J (285/2023) [2024] ZASCA 55 (19 April 2024): Supreme Court of Appeal Rules on Appealability of Interlocutory Orders in Divorce Proceedings.

Divorce Proceedings and Request for Further Particulars in H.J v P.J The case of H.J v P.J (285/2023) ZASCA 55 (19 April 2024) revolves around a divorce dispute between the…

READ MORE

blog-image

High Court Upholds Writ of Execution for Unpaid Maintenance Despite Forum Challenge. – M.R v L.O and Others (2023/070007) [2024] ZAGPJHC 371, (16 April 2024).

Facts of the Case M.R v L.O and Others revolves around a dispute between former spouses over allegedly unpaid child maintenance. When the parties divorced, their divorce order incorporated a…

READ MORE

blog-image

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…

READ MORE

blog-image

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…

READ MORE