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Duties of Trustees Unveiled: Insights from the M.F v V.F Case Analysis – M.F v V.F and Others (2003/22202) [2024] ZAGPJHC 318 (2 April 2024).

The Facts Mr. M F (the applicant) and Mrs. V F (the first respondent) were married until their divorce on 15 July 2005. The divorce order incorporated a settlement agreement,…

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Commencement Values in Divorce: Analysing T.N v N.G (formerly N) and Others (18159/2013) [2018] ZAWCHC 29; 2018 (4) SA 316 (WCC) (12 March 2018) and the Impact on Antenuptial Contract Interpretation in South Africa.

Introduction and Facts In the case of T.N v N.G (formerly N) and Others, the Western Cape Division of the High Court in Cape Town presided over a divorce action…

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Deciphering Divorce: A Rule 43 Ruling on Maintenance and a Contribution to Legal Costs – M Q v V S (0221062023) 2024 ZAGPJHC 188 (23 February 2024).

Introduction to the Application for Maintenance and Legal Contributions In this Rule 43 application the court was presented with an intricate application concerning the financial sustenance and legal cost contributions…

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Procedural Law – Amending a Particulars of Claim – M-B.F.M v H.P.N.P (5182/2022P) [2024] ZAKZPHC 8 (8 February 2024).

Introduction to the Amendment Dispute In a noteworthy case, PITMAN AJ presided over a case that brought to the fore a contentious issue regarding the amendment of the particulars of…

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Infidelity, Abuse, and Forfeiture: Behind the Gavel – Deciphering the Role of Personal Conduct in Divorce Outcomes in South African Courts. – M.F.B v J.B (5674/2016) [2024] ZALMPPHC 7 (24 January 2024).

Background and Claims In the case presided over by Naude-Odendaal J, the Plaintiff M.F.B filed for divorce against the Defendant J.B on 23 November 2016. The Plaintiff sought a decree…

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Unravelling the Tangles of Divorce: A South African Rule 43 – Case Study on Interim Maintenance and Legal Costs – T.C v B.C (21300/2022) [2024] ZAGPJHC 48 (25 January 2024).

Background In this case, presided over by Mahomed AJ, an application was made for interim maintenance and a contribution toward legal costs, in line with Rule 43 of the Uniform…

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UNLOCKING THE LEGAL MYSTERIES OF UNIVERSAL PARTNERSHIPS: NAVIGATING SOUTH AFRICA’S MODERN RELATIONSHIP LANDSCAPE.

OVERVIEW OF LEGAL RECOGNITION OF UNIVERSAL PARTNERSHIPS Definition and Essence Universal partnerships, in legal terms, refer to a form of partnership where individuals share their lives and resources in a…

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Navigating Matrimonial Property Rights: Insights from the LH v ZH Case – LH v ZH (2022) 1 SA 384 (SCA).

OVERVIEW OF THE LH V ZH CASE AND MATRIMONIAL PROPERTY LAW IN SOUTH AFRICA The case of LH v ZH (2022) 1 SA 384 (SCA) presents a pivotal moment in…

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Judge Thulare’s Insightful Ruling on a Separation Application and Fairness in M.V v E.V (nee VS) [2023] ZAWCHC 330 – Divorce Case. – (14 December 2023).

BACKGROUND Marriage and Family: The parties, M.V (applicant) and E.V (respondent), were married on 21 October 1995 under an antenuptial contract excluding the accrual system. They had two children, with…

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Dividing the Fruits of A Universal Partnership – The Prescription Dilemma in Khan v Shaik (641/2019) [2020] ZASCA 108.

Introduction In the Supreme Court of Appeal case of Khan v Shaik (641/2019) ZASCA 108, the South African courts grappled with a nuanced and complex question: Can a claim for…

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