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Conclusive Commencement: Manelis v Manelis (32624/2015) [2022] ZAGPJHC 880 – Reshapes Antenuptial Contract Interpretation.

Background: The High-Stakes Divorce Battle The Manelis case, heard in the Gauteng Local Division of the High Court of South Africa, revolves around a contentious divorce action where the parties…

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Unshackling Dead Marriages: TD v LD and Others (32195/2017) [2024] ZAGPJHC 751 (12 August 2024) – Reshapes High-Net-Worth Divorces in South Africa.

Background: A Protracted Divorce Battle The case of TD v LD and Others (32195/2017) ZAGPJHC 751 (12 August 2024) highlights the complexities and challenges of high-net-worth divorces in South Africa.…

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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…

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Duties of Trustees Unveiled: Insights from the M.F v V.F Case Analysis – M.F v V.F and Others (2003/22202) [2024] ZAGPJHC 318 (2 April 2024).

The Facts Mr. M F (the applicant) and Mrs. V F (the first respondent) were married until their divorce on 15 July 2005. The divorce order incorporated a settlement agreement,…

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Unraveling Trust Assets in Divorce: Navigating South African Matrimonial Law.

Trust Assets in Matrimonial Disputes: Navigating South African Legal Waters In South African family law, the treatment of trust assets in matrimonial disputes, particularly during divorce proceedings, presents a complex…

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