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No Divorce Summons, No Rule 43 Relief: A.C v H.C (2024/148225) [2025] ZAGPJHC 741 (28 July 2025) Confirms Procedural Prerequisites for Matrimonial Interim Applications.

Factual Background and Procedural History The case A.C v H.C (2024/148225), decided on 28 July 2025 in the Gauteng Local Division, Johannesburg, addressed a Rule 43 application for interim relief…

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When Persistence Becomes Vexatious: Ten Failed Applications and a Constitutional Reckoning in L.M.W v C.R.W (12866/2014) [2025] ZAWCHC 395 (1 September 2025).

A Decade of Persistent Litigation: The Factual Matrix The factual landscape of this matter presents a striking example of how matrimonial disputes can spiral into prolonged abuse of court processes.…

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High Court Jurisdiction Over Child Relocation Upheld: N.T.R-F v J.A.L (Leave to Appeal) (2025/076576) [2025] ZAWCHC 377 (18 August 2025) – Expert Assessment Requirements and Appellate Prospects.

Factual Matrix: Relocation Assessment and Parental Cooperation in Cross-Border Child Relocation The factual foundation of this Western Cape High Court decision reveals the complex procedural and substantive challenges inherent in…

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Self-Created Urgency and Invalid Property Agreements: Key Lessons from SPR v NV (2025/119985) [2025] ZAWCHC 346 (13 August 2025).

Factual Matrix: Divorce Order Enforcement and Property Transfer Disputes The matter concerned the enforcement of a Regional Court divorce order incorporating a consent paper, where former spouses held immovable property…

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Child and Spousal Maintenance in South Africa: Complete Guide to Legal Duties, Court Processes, and Case Law (2025 Edition).

Introduction Child and spousal maintenance are critical aspects of family law in South Africa, ensuring that dependents are cared for financially when families break up or circumstances change. Maintenance generally…

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When Strokes Don’t Stop Support: Medical Incapacity Fails as Maintenance Defence in NLD v ML (Case No 5785/22) [2025] ZAWCHC 337 (6 August 2025).

Factual Matrix: When Medical Incapacity Meets Maintenance Obligations The parties in this matter, heard before Lekhuleni J, were married in Switzerland on 23 June 2000, with their marriage remaining subsisting…

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Rule 43 Explained: The Complete Guide to Interim Divorce Relief and Maintenance in South Africa.

Legal Framework and Purpose of Rule 43 Rule 43 of the Uniform Rules of Court provides an expeditious mechanism for interim relief in matrimonial matters pending the finalisation of a…

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When Procedure Trumps Substance: Dissecting Rule 30A Non-Compliance in N.S v A.D (2022/257) [2025] ZAGPJHC 632 (20 June 2025).

Factual Background: A Tale of Procedural Non-Compliance in Family Law Proceedings The factual matrix in N.S v A.D presents a striking illustration of how procedural non-compliance can derail even the…

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When Variation Applications Fail: The Limits of Rule 42 Common Mistake in K.P.M v O.L.M and Another (Reasons) (1751/2008) [2025] ZANWHC 103 (17 June 2025).

The Genesis of the Dispute: A Marriage Out of Community of Property Revisited The roots of this protracted legal dispute stretch back to 7 February 1991, when the applicant and…

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Customary Marriage Dispute Halts Estate Administration: Peteke v Khumalo and Others (2025-009348) [2025] ZAGPPHC 447 (6 May 2025).

The Factual Matrix: Disputed Customary Marriage and Control Over the Deceased’s Estate In Peteke v Khumalo and Others (2025-009348) ZAGPPHC 447 (6 May 2025), the applicant approached the High Court…

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