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Navigating Financial Disclosure: The Turning Tide in Maintenance Variation Cases – Rule 43(6) – B.W.H v S.A.H (22802/2021) [2023] ZAGPJHC 1348 (21 November 2023).

Facts of the Case In this intricate legal matter, a husband (the applicant) sought a retrospective variation of a maintenance order previously issued by Adams J under Rule 43 of…

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Uncovering Hidden Treasures in Divorce Disputes: The Tale of Mandela Coins and Mysterious Cheetah-Adorned Banknotes. Staying a Rule 43 Application.

Wille J Background and Nature of the Case The case involved an application for a temporary stay of proceedings while an application to set aside a subpoena by a third…

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Unmasking Financial Realities in P.P v V.P: A Ruling on Interim Maintenance and Rule 43 (027686/2022) [2023] ZAGPJHC 1345 (21 November 2023).

Mia J Rule 43 Application Background of the Case In July 1985, the applicant and respondent were married in community of property. The applicant, who intermittently worked as a school…

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Navigating the Complexities of Spousal Maintenance: Insights from the Landmark J.E.R (Nee O) v B.E.S – Appeal (A16/2023; 15871/16) [2023] ZAWCHC 291 (20 November 2023). Divorce Case.

Facts of the Case Parties: The case involves J.E.R. (nee O), the appellant, and B.E.S, the respondent. They were married and are now undergoing divorce proceedings. Marriage Duration: The couple…

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Navigating the Complex Waters of Financial Disclosure in Rule 43 Applications and Legal Ethics: A Closer Look at a Landmark Ruling and the Conduct of the Respondent’s Attorney.

I P v N P ; In re: N P v I P (16768/2023) ZAWCHC 170 (20 November 2023) Analysis of Rule 30 and Rule 43 Applications Overview of the…

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Divorce Dilemma: Settlement vs. Court Order: Navigating the Binding Complexities in Divorce Cases. – L C v L C (2023004515) 2023 ZAGPJHC 1365 (15 November 2023).

SUMMARY OF JUDGMENT A. INTRODUCTION The applicant sought to rescind a contempt of court order that had been granted by Acting Justice Moorcraft on 11 October 2022 under case number…

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Avoiding Pitfalls: Key Lessons from a Rule 43 Divorce Showdown. SN v SR (2023/036122) [2023] ZAGPJHC 1335 (14 November 2023) 

Introduction and Background Marriage and Separation: The applicant and the respondent had been married since 25 August 2007, out of community of property with accrual. They had two minor children.…

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Rule 43: Navigating Maintenance and Financial Fairness in South African Divorce Proceedings and Adult Dependent Children.

Y.V.D.M v W.P.V.D.M (2021/43213) ZAGPJHC 1280 (9 November 2023) Introduction Case Background: This case involved an application under Rule 43 of the Uniform Rule of Court, related to a pending…

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Rule 43 in Action: Deciphering Court Orders on Contribution to Costs and Attorney-Client Scale Cost Orders in Divorce Cases.

L.S.P. v R.S.P (2014/2941) ZAGPJHC 1281 (9 November 2023) Summary of the Case Introduction and Background Rule 43 Application: The plaintiff (Applicant) had filed a Rule 43 application in an…

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Unraveling the Shifren Clause: A South African Case of Divorce Settlement and Maintenance Dispute: The Million Rand Misunderstanding.

R.P.C v L.G.Y (A5075/2022) ZAGPJHC 1256 (2 November 2023) Background and Context: Divorce Settlement Agreement: The parties involved had previously entered into a divorce settlement agreement, which was subsequently made…

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