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Navigating Divorce: A.R.S (born K) v M.S.S (2427/2021) [2024] ZALMPPHC 10 (30 January 2024) and Forfeiture Insights.

Introduction and Background of the Case In the matter of A.R.S (born K) vs M.S.S (2427/2021) ZALMPPHC 10, delivered on 30 January 2024 by SIKHWARI AJ, the plaintiff initiated divorce…

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Marriage Misconduct and Asset Forfeiture: A Pivotal Ruling in Z v Z (34253/2010) [2024] ZAGPJHC – 4 (10 January 2024).

Case Overview In the High Court of South Africa, Gauteng Division, Johannesburg, the case of Z v Z (Case No: 34253/2010) was presided over by Adams J. The judgment, delivered…

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Legal Precision in Divorce Settlements: Lessons from the M.D v N.D – Appeal (A176/2023) [2023] ZAWCHC 304 (29 November 2023) on Pension Interests and Attorney Conduct.

The Facts of the Case: A Detailed Overview This Appeal in the western Cape High Court presented a complex scenario involving the variation of a divorce order, particularly focusing on…

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The Art of Pleading in Divorce Cases: A Comprehensive Analysis of a recent South African Judgment.

Introduction In a recent case heard by the High Court of South Africa, Gauteng Division, Pretoria M.M.A.N v J.M.S (40230/2020) ZAGPPHC 675 (11 August 2023) the plaintiff initiated legal action…

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When Love Goes Sour and Assets Get Tangled: How One Husband’s Questionable Conduct, Refusal to Settle, and Legal Maneuvering Shaped a Divorce Ruling.

N.S v M.F.S (20/27078) ZAGPJHC 1044 (19 September 2023) Litigation History The Defendant represented himself, while the Plaintiff had legal representation. The Defendant filed 12 applications against the Plaintiff, most…

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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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Love, Betrayal, and the Law: A Tale of Forfeiture and Financial Deprivation in Matrimonial Property.

B.R.B.M v R.K.B.M (19279/2019) ZAGPPHC 403 (5 June 2023) On one hand, the Plaintiff (husband) sought an order of forfeiture of the patrimonial benefits against the Defendant (wife) on the…

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HUSBAND RESIGNED FROM PENSION FUND BEFORE DIVORCE – COURT FOUND APPLICANT CANNOT CLAIM AGAINST HIS PENSION.

C.N.N v N.N (2021/11607) ZAGPJHC 208 (23 February 2023) INTRODUCTION There is no adequate legal framework that allows non-member spouses to claim portions of the benefits directly from the funds…

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