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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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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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Balancing the Scales of Interim Maintenance: A South African Case Study on Inheritance and Rule 43 Orders.

L.M v R.D.M (EL789/2022) ZAECELLC 32 (31 October 2023) Case Summary: The applicant, an ophthalmologist, instituted an application seeking, amongst others, variation of an Order granted by Stretch J on…

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When Lawyers Drop the Ball: The Tale of Divorce, Defiance, and a Suspended Sentence.

S.F.S. v A.J.S (11676/2018) ZAGPJHC 1142 (11 October 2023) The Facts The Applicant, who was in the midst of a contentious divorce, urgently approached the court, accusing the Respondent of…

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CHANGING FORTUNES, UNCHANGED OBLIGATIONS: HOW A COURT ON APPEAL WEIGHED FINANCIAL CIRCUMSTANCES IN VARIATION OF A MAINTENANCE ORDER

L.J v P.H.A.J (HCA35/2022) ZALMPPHC 49 (18 July 2023) INTRODUCTION This case was an appeal to the High Court Limpopo Division against the rulings made by an Acting Magistrate, who…

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Supreme Court of Appeal Rule that you can claim maintenance for your children older than 18 years.

On the breakdown of a marriage or similar relationship it is mostly mothers who become the custodial parent and have to care for the children. This puts an further financial…

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