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Legal Uncertainty in KLW v CSW (202035177) [2025] ZAGPJHC 41 (22 January 2025): A Reassessment of Rule 43(6) and Maintenance Variation in South African Law.

Introduction The judgment in KLW v CSW (202035177) ZAGPJHC 41 raises important questions regarding the application of Rule 43(6) of the Uniform Rules of Court and the judicial approach to…

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Playing Hide and Seek with Assets? High Court Says ‘Game Over!’ – D.M v D.M (2021 043212) [2025] ZAGPJHC 31 (28 January 2025).

The Novel Question: When Must a Spouse Comply with a Section 7 Notice? When it comes to financial disclosure in divorce proceedings, some spouses treat their assets like a magician's…

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The Financial Information Gap in Family Law: Addressing Inequities and Reforming Disclosure Practices.

The Financial Information Gap: Understanding the Core Problem in Family Law Matters The landscape of family law in South Africa faces a critical challenge rooted in the asymmetrical access to…

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No Easy Path to Rescind Divorce Orders: Western Cape High Court’s Ruling in MMS v LES (5910/2019) [2024] ZAWCHC (19 December 2024).

Court Finds No Grounds for Rescission of Divorce Order Despite Claims of Undue Influence In an important judgment delivered by Acting Judge Mapongwana in the Western Cape Division of the…

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Selling the Family Home? Court Protects Children’s Rights to Shelter in Ruling: MSH v JSH (Reasons) (618/2019) [2024] ZAWCHC 406 (29 November 2024).

Background: The Sale of the Matrimonial Home and Rule 43 Variation In a recent Western Cape High Court decision, M.S.H v J.S.H (Reasons) (618/2019) ZAWCHC 406 (29 November 2024), the…

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Islamic Marriage Property Rights: High Court Champions Equal Division in K.A v A.E and Another (15857/24) [2024] ZAWCHC 392 (27 November 2024).

Background: From Islamic Marriage to Property Dispute The Western Cape High Court recently grappled with a property division dispute stemming from a dissolved Islamic marriage in K.A v A.E and…

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From R1.5 Million to R1000: How a Divorce Property Sale Went Terribly Wrong – M.R.M v M.F.M and Others (M614/2023) [2024] ZANWHC 289 (26 November 2024).

In what could be dubbed "The Case of the Thousand Rand Mansion," the North West High Court recently had to grapple with a property sale that would make any estate…

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Amending Divorce Pleadings: RVB v JVB (A92/2024) [2024] ZAFSHC Opens Door for Redistribution Claims.

Background: Marriage and Divorce Proceedings In October 2009, a couple embarked on their marital journey with a clear legal framework in place. They entered into an antenuptial contract that explicitly…

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