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Unravelling the Complexities of Customary Marriage: An Analysis of S.B v B.B and Another (6014/2022) [2024] ZAECMHC 45 (4 June 2024) by Acting Judge Kunju.

The Complexity of Proving the Existence of a Prior Customary Marriage In the case of S.B v B.B and Another (6014/2022) ZAECMHC 45 (4 June 2024), the court grappled with…

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Navigating the Complexities of Cross-Border Divorce: An Analysis of the Reportable Judgment in S.H-K v R.K (6170/2023) [2024] ZAWCHC 1 by Wathen-Falken AJ.

The Complexities of Divorce Proceedings Across International Borders The case of S.H-K v R.K (6170/2023) ZAWCHC (06 May 2024) highlights the intricacies and challenges that arise when divorce proceedings span…

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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…

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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…

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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…

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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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Navigating Child Custody Appeals: Insights from: KA v KN (A2023/055189) [2024] ZAGPJHC 147 (21 February 2024) and the Paramountcy of the Child’s Best Interests.

In a case heard by the Gauteng Division of the High Court in Johannesburg, an appeal was lodged against a contact order originally granted by the Children’s Court in Randburg.…

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Setting Aside a Subpoena in Divorce Proceedings: A Legal Analysis.

In the realm of divorce litigation, the issuance and subsequent challenge to a subpoena duces tecum is a critical aspect that can significantly influence the course of proceedings. The purpose…

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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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Procedural Law – Amending a Particulars of Claim – M-B.F.M v H.P.N.P (5182/2022P) [2024] ZAKZPHC 8 (8 February 2024).

Introduction to the Amendment Dispute In a noteworthy case, PITMAN AJ presided over a case that brought to the fore a contentious issue regarding the amendment of the particulars of…

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