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M.N v A.L.N (094387/23) [2024] ZAGPPHC 402 (22 April 2024): High Court Dismisses Lengthy Rule 43 Application as an Abuse of Process.

Background of the Rule 43 Application In the case of M.N v A.L.N (094387/23) ZAGPPHC 402 (22 April 2024), the applicant launched a Rule 43 application on 27 November 2023,…

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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…

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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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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…

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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…

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Understanding Rule 43 Applications in South African Family Law. – A.J.K v J.J.L.K (3831/2023) [2024] ZAFSHC 52 (19 February 2024).

Introduction and Facts of the Application The case judgement delivered on 19 February 2024 by M.T. Jordaan, AJ, concerns an opposed Rule 43 application within the context of ongoing matrimonial…

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Deciphering Divorce: A Rule 43 Ruling on Maintenance and a Contribution to Legal Costs – M Q v V S (0221062023) 2024 ZAGPJHC 188 (23 February 2024).

Introduction to the Application for Maintenance and Legal Contributions In this Rule 43 application the court was presented with an intricate application concerning the financial sustenance and legal cost contributions…

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Contempt and Conduct in Divorce Disputes: Navigating the Thin Line Between Legal Obligations and Personal Responsibility. – J.S.H v M.S.H and Others (1308/2024) [2024] ZAWCHC 42 (16 February 2024).

Background and Proceedings Initiated The case of J.S.H v M.S.H and Others, heard in the Western Cape High Court on 26 January 2024, under the judgment of Adhikari AJ, arose…

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Rule 43 Unpacked: Navigating Interim Maintenance in MD v RJD (053357/2022) [2024] ZAGPPHC 79 (5 February 2024).

Introduction In the case of MD v RJD (053357/2022) ZAGPPHC 79 (5 February 2024), the Gauteng Division of the High Court delved into the complexities of interim maintenance for children…

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