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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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Unmasking Financial Realities in P.P v V.P: A Ruling on Interim Maintenance and Rule 43 (027686/2022) [2023] ZAGPJHC 1345 (21 November 2023).

Mia J Rule 43 Application Background of the Case In July 1985, the applicant and respondent were married in community of property. The applicant, who intermittently worked as a school…

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Navigating the Complexities of Spousal Maintenance: Insights from the Landmark J.E.R (Nee O) v B.E.S – Appeal (A16/2023; 15871/16) [2023] ZAWCHC 291 (20 November 2023). Divorce Case.

Facts of the Case Parties: The case involves J.E.R. (nee O), the appellant, and B.E.S, the respondent. They were married and are now undergoing divorce proceedings. Marriage Duration: The couple…

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Navigating International Waters: A South African Family Law Case on Child Relocation to Dubai. – TS v S D D – Case Number: 7389/2023 – 20 November 2023.

Holderness AJ INTRODUCTION Application by the Mother: The applicant, the mother of two children, S (15 years old) and K (11 years old), sought several legal reliefs. These included: Permission…

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Navigating the Complex Waters of Financial Disclosure in Rule 43 Applications and Legal Ethics: A Closer Look at a Landmark Ruling and the Conduct of the Respondent’s Attorney.

I P v N P ; In re: N P v I P (16768/2023) ZAWCHC 170 (20 November 2023) Analysis of Rule 30 and Rule 43 Applications Overview of the…

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Divorce Dilemma: Settlement vs. Court Order: Navigating the Binding Complexities in Divorce Cases. – L C v L C (2023004515) 2023 ZAGPJHC 1365 (15 November 2023).

SUMMARY OF JUDGMENT A. INTRODUCTION The applicant sought to rescind a contempt of court order that had been granted by Acting Justice Moorcraft on 11 October 2022 under case number…

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Avoiding Pitfalls: Key Lessons from a Rule 43 Divorce Showdown. SN v SR (2023/036122) [2023] ZAGPJHC 1335 (14 November 2023) 

Introduction and Background Marriage and Separation: The applicant and the respondent had been married since 25 August 2007, out of community of property with accrual. They had two minor children.…

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Demystifying Contempt of Court in Family Law: Lessons from a Recent Case.

P L v R L (2022/016375) ZAGPJHC 1331 (10 November 2023) Introduction to the Case In a recent application, the court examined an opposed application divided into three parts, with…

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Listening to the Unheard: How a South African Court Prioritised Children’s Voices in a Landmark Care and Contact Decision.

C D v M D (093505/2023) ZAGPPHC 1231 (7 November 2023) A. Introduction Unnecessary Litigation in Family Disputes In this case, the court highlighted the issue of unnecessary litigation in…

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Understanding the New Children’s Act 17 of 2022: A Landmark Shift in South African Family Law.

Introduction The South African legal landscape witnessed a significant legislative shift with the enactment of the Children's Amendment Act 17 of 2022. This landmark change introduced the jurisdiction of Children's…

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