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Islamic Marriage Property Rights: High Court Champions Equal Division in K.A v A.E and Another (15857/24) [2024] ZAWCHC 392 (27 November 2024).

Background: From Islamic Marriage to Property Dispute The Western Cape High Court recently grappled with a property division dispute stemming from a dissolved Islamic marriage in K.A v A.E and…

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From R1.5 Million to R1000: How a Divorce Property Sale Went Terribly Wrong – M.R.M v M.F.M and Others (M614/2023) [2024] ZANWHC 289 (26 November 2024).

In what could be dubbed "The Case of the Thousand Rand Mansion," the North West High Court recently had to grapple with a property sale that would make any estate…

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Amending Divorce Pleadings: RVB v JVB (A92/2024) [2024] ZAFSHC Opens Door for Redistribution Claims.

Background: Marriage and Divorce Proceedings In October 2009, a couple embarked on their marital journey with a clear legal framework in place. They entered into an antenuptial contract that explicitly…

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From Wedding MC to Legal Emergency: How a Rushed Signature Led to a Marriage Property Crisis – B C B v L L B and Others (15788/2024) [2024] ZAWCHC 206 (11 November 2024).

The Marriage and the Disputed Antenuptial Contract - A 90-Year-Old Groom and His 60-Year-Old Bride In a remarkable case that recently came before the Western Cape High Court, a marriage…

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From Cape Town to Saudi: Why Your Ex Can’t Be Jailed Abroad – V.L v O.C.V (11677/2006 ; 18206/2007) [2024] ZAWCHC 338 (29 October 2024).

Background: A 17-Year-Old Divorce Settlement Gone Wrong Picture this: A divorce settlement from 2006, a respondent who jetted off to Saudi Arabia, and an ex-spouse wielding a court order like…

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From WhatsApp to Whoops: How Digital Messages and a Virtual Oath Transformed Paternity Law in VJS v SH (19578/2024) [2024] ZAWCHC 333: Can You Zoom Your Way to Justice?

Background: A Paternity Dispute Emerges from WhatsApp Messages In a significant judgment from the Western Cape High Court, a project manager working at the US Embassy in Pakistan sought to…

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Mental Capacity and Punitive Costs: The Cautionary Tale of C.H v A.C and Others (13612/2024) [2024] ZAWCHC 245. (4 September 2024)

Background: A Tumultuous Divorce and Custody Battle The case of C.H v A.C and Others (13612/2024) ZAWCHC 245 unfolds against a backdrop of protracted legal skirmishes following the breakdown of…

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Judicial Crackdown on Verbose Rule 43 Applications: S.M v N.M (D6667/2024) [2024] ZAKZDHC 54 – (28 August 2024)

The Essence of Rule 43: Brevity and Expediency in Matrimonial Proceedings In the recent High Court judgment of S.M v N.M (D6667/2024) ZAKZDHC 54 (28 August 2024), Judge Mossop delivered…

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Unshackling Dead Marriages: TD v LD and Others (32195/2017) [2024] ZAGPJHC 751 (12 August 2024) – Reshapes High-Net-Worth Divorces in South Africa.

Background: A Protracted Divorce Battle The case of TD v LD and Others (32195/2017) ZAGPJHC 751 (12 August 2024) highlights the complexities and challenges of high-net-worth divorces in South Africa.…

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