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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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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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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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Adversarial Litigation in Divorce and Family Law Practitioners’ Conduct: Unpacking – D.N.Q v P.Q (49090/2021) [2024] ZAGPPHC 12 (12 January 2024).

Background of the Dispute The case of D.N.Q v P.Q (49090/2021) ZAGPPHC 12, presided over by Marumoagae AJ, emerged from a dispute within the context of a protracted divorce process.…

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Justice Prevails: A Landmark Twelve-Month Sentence Upholding the Child’s Best Interests. – B.M.G.S v M.B.S and Others (26675/2022) [2024] ZAGPPHC 24 (8 January 2024).

Introduction In this case presided over by Justice Phahlane, the applicant, Mr. S, approached the Gauteng High Court on an urgent basis. The case centred around the contempt of two…

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Failure to Pay Maintenance Leads to Retirement Annuity Attachment: A South African High Court Ruling. MO v RO AND ANOTHER – Case Number: 15617/2022 – 5 January 2024.

Case Overview In a recently concluded application in the High Court of South Africa (Western Cape Division, Cape Town), with case number 15617/2022, MO (the applicant) brought an urgent application…

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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. – J.P.R.D v L.S.D (20916/2018) [2023] ZAWCHC 296 (23 November 2023)

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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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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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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Securing Maintenance Dues: High Court Asserts Authority to Attach Retirement Funds for Arrear Payments in South Africa.

I.K.L v S.E.L and Others (11212 / 2013) ZAGPJHC 1235 (26 October 2023) Summary of the Case Facts of the Case The crux of the case revolves around the enforcement…

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