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From South Africa to Ireland: The Relocation Battle That Lacked Urgency.

MVN v MN case number 060071/23, High Court in Johannesburg - 30 June 2023 On the 21st of June 2023, the Applicant (wife) brought an urgent application against the Respondent…

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Securing the Marital Home: A Legal Victory Halting the Sale of a Matrimonial Property Amid Divorce Proceedings

MS v MJ GAUTENG HIGH COURT JOHANNESBURG CASE NUMBER 2022/218731 - 13 June 2023 Introduction In this case the Applicant had sought urgent relief, aimed at prohibiting the First and…

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Landmark Ruling: South Africa’s Constitutional Court Declares Section 40 of the Children’s Act Unconstitutional, Affirming Parental Rights for Same-Sex Couples.

VJV AND ANOTHER v MINISTER OF SOCIAL DEVELOPMENT AND ANOTHER ZACC 21 - 29 JUNE 2023 The Constitutional Court ruled on an application for validation of a constitutional invalidity that…

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Love, Betrayal, and the Law: A Tale of Forfeiture and Financial Deprivation in Matrimonial Property.

B.R.B.M v R.K.B.M (19279/2019) ZAGPPHC 403 (5 June 2023) On one hand, the Plaintiff (husband) sought an order of forfeiture of the patrimonial benefits against the Defendant (wife) on the…

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Unveiling the Dum Casta Clause: Ex-Wife’s Spousal Maintenance Rights Revoked Due to Cohabitation after Divorce.

M.M.L v J.J.L (A66/2023) ZAFSHC 170 (18 May 2023) This appeal had its origins in an application that was pursued in the Maintenance Court for the district of Bethlehem ("the…

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HUSBAND RESIGNED FROM PENSION FUND BEFORE DIVORCE – COURT FOUND APPLICANT CANNOT CLAIM AGAINST HIS PENSION.

C.N.N v N.N (2021/11607) ZAGPJHC 208 (23 February 2023) INTRODUCTION There is no adequate legal framework that allows non-member spouses to claim portions of the benefits directly from the funds…

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Life Partnerships and Maintenance – Dissenting Judgement E.W v V.H [2023] ZAWCHC 58 (17 March 2023)

There is no doubt that the matter of E.W v V.H (12272/2022) ZAWCHC 58 (17 March 2023) will advance to the Constitutional Court for clarity on whether a duty of…

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