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Parental Alienation, Prolixity and the Best Interests Principle in B.P.M v J.L.M (1909/2024) [2025] ZALMPPHC 96 (13 May 2025).

Background and Factual Matrix of the Rule 43(6) Dispute The matter before the court in B.P.M v J.L.M (1909/2024) ZALMPPHC 96 (13 May 2025) concerned a Rule 43(6) application brought…

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Rule 43 Applications Dismissed: Financial Disclosure Failures Sink Litigation Funding Bid in J VW v P C VW (EL 514/2025) [2025] ZAECELLC 8 (27 May 2025).

The Facts The parties were involved in a divorce action with patrimonial benefits and the accrual system being central issues. Before the court was an application for a further contribution…

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Legal Uncertainty in KLW v CSW (202035177) [2025] ZAGPJHC 41 (22 January 2025): A Reassessment of Rule 43(6) and Maintenance Variation in South African Law.

Introduction The judgment in KLW v CSW (202035177) ZAGPJHC 41 raises important questions regarding the application of Rule 43(6) of the Uniform Rules of Court and the judicial approach to…

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Selling the Family Home? Court Protects Children’s Rights to Shelter in Ruling: MSH v JSH (Reasons) (618/2019) [2024] ZAWCHC 406 (29 November 2024).

Background: The Sale of the Matrimonial Home and Rule 43 Variation In a recent Western Cape High Court decision, M.S.H v J.S.H (Reasons) (618/2019) ZAWCHC 406 (29 November 2024), the…

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