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Piercing the Trust Veneer in Divorce: A Constitutional Approach to Achieving Equity (Matrimonial Property Act 88 of 1984; Badenhorst v Badenhorst 2006 (2) SA 255 (SCA); RP v DP 2014 (6) SA 243 (ECP)).

Introduction The accrual system, as set out in the Matrimonial Property Act 88 of 1984 (hereafter referred to as the MPA), is a matrimonial property regime that aims to recognise…

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Unraveling Trust Assets in Divorce: Navigating South African Matrimonial Law.

Trust Assets in Matrimonial Disputes: Navigating South African Legal Waters In South African family law, the treatment of trust assets in matrimonial disputes, particularly during divorce proceedings, presents a complex…

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Deciphering L.E v L.A (1884/2018) [2024] ZAGPJHC 104 (9 February 2024): A Landmark Case on Foreign Marriages and South African Property Law. – 9 February 2024.

Introduction to the Case In a landmark decision that navigates the intersection of matrimonial law and international private law, the High Court of South Africa, Gauteng Division, Johannesburg, was presented…

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Reforming Lex Domicilii Matrimonii: A Step Towards Equality in South African Matrimonial Law.

Introduction In the ever-evolving domain of South African family law, the concept of matrimonial property regimes, primarily governed by the principle of lex domicilii matrimonii, stands at the crossroads of…

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Timing is Everything: The Crucial Role of Accrual Calculation Date in Divorce Cases. R.D.M v M.T.M (M608/22) [2023] ZANWHC 216 (21 November 2023).

The facts of the case, as presented in the judgment, revolve around an application for the provisional sequestration of the respondent's estate, following the dissolution of a marriage under South…

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Redefining Fairness: How the Constitutional Court’s Landmark Ruling Changes the Financial Landscape of Marriages Out of Community of Property in South Africa.

EB (born S) v ER (born B) and Others; KG v Minister of Home Affairs and Others ZACC 32 Introduction On 10 October 2023, South Africa's Constitutional Court delivered groundbreaking…

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