Shaping the Landscape of Family Law: May–June 2025 Roundup
The months of May and June 2025 featured several high-impact judgments that will influence future family-law disputes—especially on jurisdiction, customary marriage, property rights and maintenance enforcement. The following summaries provide legal practitioners with clear insights into emerging principles and judicial reasoning.
Clarifying High Court Jurisdiction over Children’s Matters
In JHG v GWH and Another (7147/2024) [2025] ZAFSHC 133 (7 May 2025), the Free State High Court reaffirmed its lack of jurisdiction to entertain a father’s festive-season access application when the matter was already before the Children’s Court. The judgment underscored the integrity of specialised forums under the Children’s Act, discouraging forum‑shopping and reinforcing the proper route for parental disputes.
Protecting Competing Spousal Claims in Estate Administration
The Pretoria High Court in Peteke v Khumalo and Others (2025‑009348) [2025] ZAGPPHC 447 (6 May 2025) an urgent interdict was issued preventing the Master from distributing an estate before determining a claimed customary marriage. This intervention highlights the need to protect potential spouses from premature estate administration before their legal status is confirmed.
Cautions on Customary-Marriage Claims in Motion Court
In a companion ruling, W.M.T v M.T (D6021/2023) [2025] ZAKZDHC 19 (7 May 2025), the KwaZulu‑Natal High Court criticised the use of motion proceedings where oral evidence is essential—especially in customary-marriage disputes. This case reinforces the principle that fact-driven disputes require viva voce testimony and that affidavits alone are insufficient.
Customary Adoption Recognised for Intestate Succession
Tshali and Another v Nandi and Others (5307/2022) [2025] ZAECMHC 39 (20 May 2025) saw the Eastern Cape Local Court affirm that a child adopted according to customary rites is entitled to intestate succession. This decision brings customary structures into alignment with statutory inheritance norms, enriching the legal recognition of familial relations.
Confronting Parental Alienation in Maintenance Applications
In B.P.M v J.L.M (1909/2024) [2025] ZALMPPHC 96 (13 May 2025), the Limpopo High Court addressed allegations of parental alienation in the context of a Rule 43(6) application involving maintenance and contact variation. The judgment prioritised the best interests of the child, amplifying judicial attention to psychological dimensions in custodial disputes.
Addressing Racial and Financial Dynamics in Interim Maintenance
A.W.F v K.S.R (052216/2024) [2025] ZAGPPHC 503 (16 May 2025) involved interim spousal maintenance, contact rights and race‑based allegations, tested under Rule 43. The Pretoria High Court emphasised transparent financial disclosure and judicial sensitivity to broader relational complexities, reinforcing Rule 43 as a robust mechanism for interim relief.
Procedural Integrity in Divorce Litigation
In E.E v T.C.E (113234/23) [2025] ZAGPPHC 492 (16 May 2025), the Pretoria High Court refused an urgent rescission application to set aside a divorce settlement. The court underscored that urgency must not compromise procedural fairness. The absence of full disclosure, failure to join the Family Advocate, and neglect of mandated procedures rendered the application procedurally invalid emphasising that divorce litigation cannot shortcut fundamental safeguards.
In M.G.K v M.J.K (2024/074608) [2025] ZAGPPHC 535 (23 May 2025), the same court criticised the use of Rule 35(14) discovery as a tactical “fishing expedition” in a matrimonial dispute. The ruling signals that discovery provisions must serve fact-finding, not be weaponised for harassment or undue delay. It reflects a growing emphasis on proportional, needs-based discovery in family-law cases.
Settlement‑Agreement Sanctity
In J.V.S v M.V.S and Others [2025] ZALMPPHC 101 (19 May 2025), the Limpopo High Court confirmed that deleted clauses in settlement agreements remain contractually binding. The court went so far as to cancel objected clauses, reinforcing that courts will uphold the actual intentions of parties despite post-hoc editorial changes.
Meanwhile, in J.G.C v G.A.C [2025] ZAECMKHC 44 (13 May 2025), the Eastern Cape High Court reversed a sale‑order of matrimonial property, citing strict enforcement of settlement terms. This decision bolsters the doctrine that settlement agreements are inviolable and enforceable, reinforcing finality and contractual sanctity in divorce settlements.
Defining Co‑ownership in Married Couples
The I.M.R v N.M.D (2024/014513) [2025] ZAGPJHC (5 May 2025) decision marks a critical evolution in actio communi dividundo jurisprudence. Here, the Gauteng Division compelled the sale of a jointly owned home to prevent foreclosure, sidelining a spouse’s refusal. The case emphasises that, where co‑owned property is threatened by creditor proceedings, a sale may be compelled to safeguard both parties’ financial interests.
Maintenance Enforcement: From Protection to Punishment
In S.L v A.C (2024/143281) [2025] ZAWCHC 212 (21 May 2025), the Western Cape High Court imposed weekend imprisonment for a maintenance defaulter and awarded punitive attorney‑and‑client costs. The judgment affirms that non‑payment of maintenance is viewed as deliberate and demeaning to judicial authority, triggering both custodial sanctions and cost penalties.
Similarly, T.A.M-W v C.M.M (2025/030666) [2025] ZAWCHC 217 (23 May 2025) addressed international retention of children during holidays. The court found the father in contempt, emphasising that foreign travel cannot shield one from South African maintenance or contact orders. This ruling confirms the extraterritorial reach of South African family‑law enforcement.
Securing Child Maintenance in Estate Transactions
In D.D.B v T.D.B and Another (2025/073213) [2025] ZAWCHC 250 (19 June 2025), the Western Cape High Court granted a preservation order over proceeds from a property sale. The order ensured funds were retained to secure future child maintenance—signalling a shift towards proactive judicial protection of children’s financial interests in estate or asset‑sale contexts.
Streamlining Birth‑Record Corrections
In V.K and Another v Minister of Home Affairs and Others (21886/2023) [2025] ZAWCHC 219 (26 May 2025), the court ruled that once legal paternity is confirmed, DNA testing is unnecessary for amending birth certificates. This decision alleviates procedural burdens, aligns administrative practice with reality, and strengthens legal stability for families.
Financial Independence vs Maintenance Obligations
In Savvas v Savvas N.O and Others (1969/2024) [2025] ZAFSHC 115 (15 May 2025), the Free State High Court dismissed a widow’s maintenance claim on the grounds that she was financially independent. The case clarifies that maintenance must be justified by demonstrable need, not presumed based on marital status alone.
Customary‑Marriage Claims Under Scrutiny
Building on earlier principles, the judgment in Moloi v Nkosi and Others (1713/2025) [2025] ZAFSHC 153 (15 May 2025) reiterated that customary‑marriage claims require live evidence and proper forum choice. The court reaffirmed that motion proceedings are inadequate to resolve contested oral and fact-heavy customary-law disputes, emphasising procedural formality and evidence‑based adjudication.
Upholding Procedural Discipline in Rule 43 Applications
In J VW v P C VW (EL 514/2025) [2025] ZAECELLC 8 (27 May 2025), the Eastern Cape Local Court refused costs funding under Rule 43 due to inadequate financial disclosure. This enforcement of transparency obligations demonstrates that Rule 43 relief will not be granted lightly and that claimants must fully disclose financial circumstances.
Championing Child Relocation and Gender Equality
W.S v N.V (D376/2020; D1062/2021) [2025] ZAKZDHC 35 (6 June 2025) was a landmark KwaZulu‑Natal High Court decision permitting international child relocation. The court balanced the child’s best interests, structured contact and maintenance arrangements, and acknowledged the mother’s right to global mobility. This ruling set a progressive precedent for gender-neutral relocation rights and deepened the application of the Children’s Act in cross-border scenarios.
Defining the Limits of Cross-Border Contempt
In T.A.M‑W v C.M.M (2025/030666) [2025] ZAWCHC 217 (23 May 2025), the Western Cape High Court held a parent in contempt and imposed punitive costs after taking a child abroad in contravention of a court order. The judgment signals that foreign borders cannot shield one from South African court orders, reinforcing enforcement mechanisms in international custody conflicts.
Preserving Assets to Protect Children
In D.D.B v T.D.B and Another (2025/073213) [2025] ZAWCHC 250 (19 June 2025), the Western Cape High Court granted preservation orders over property-sale proceeds to secure child maintenance. This proactive intervention establishes a robust mechanism to protect children’s financial futures in asset transactions.
Refining Customary-Marriage Precedent
Finally, Moloi v Nkosi and Others (1713/2025) [2025] ZAFSHC 153 (15 May 2025) reaffirmed the judiciary’s insistence on procedural rigour: the court reiterated that customary-marriage disputes must be heard with viva voce evidence, and that motion proceedings are inadequate where factual disputes exist. This particularly impacts estates and inheritance where marital status is contested.
Final Reflections
These additional rulings consolidate several legal frontiers:
Introduced greater accountability and rigour in maintenance-related proceedings for spouses and children.
Enhanced judicial reach in cross-border child relocation and contempt matters.
Advanced custodial rights and financial autonomy in relocation scenarios.
Strengthened estate administration for widows and executors by reinforcing financial dependency tests.
Cemented clarity on customary marriage recognition and evidence requirements.
Collectively, these nineteen cases from May and June 2025 signal a judicial trajectory toward procedural integrity, child-centric justice, and adaptability to evolving family structures and international dynamics.
For the full summaries, analyses, and practical guidance, visit www.familylaws.co.za.