blog-image

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…

READ MORE

blog-image

Contempt and Conduct in Divorce Disputes: Navigating the Thin Line Between Legal Obligations and Personal Responsibility. – J.S.H v M.S.H and Others (1308/2024) [2024] ZAWCHC 42 (16 February 2024).

Background and Proceedings Initiated The case of J.S.H v M.S.H and Others, heard in the Western Cape High Court on 26 January 2024, under the judgment of Adhikari AJ, arose…

READ MORE

blog-image

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…

READ MORE

blog-image

Shaping the Future of Family Law: A Pivotal South African Case on Child Relocation – T.R v S.M (035901/2023) [2024] ZAGPJHC 35 (17 January 2024).

Facts of the Case Background Parties and Relationship: From 2009 to 2012, T.R (the applicant) and S.M (the respondent) were in a relationship but never married. They had a daughter…

READ MORE

blog-image

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…

READ MORE

blog-image

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…

READ MORE

blog-image

Equality of Arms Upheld: Court Orders Husband to Contribute R805,903 Towards Wife’s Legal Costs in Rule 43 Proceedings.

Y.M v T.J.M (26526/2022) ZAGPPHC 582 (13 July 2023) The case involved a dispute between two parties identified as Y.M. and T.J.M. This was an application in terms of Rule…

READ MORE

blog-image

Man ordered to pay R3 million in maintenance 29 years after divorce

In the case of Simon Roy Arcus v Jill Henree Arcus (4/2021)  ZASCA 9 the Supreme Court of Appeal dealt with the interpretation of s 11(a)(ii) of the Prescription Act 68…

READ MORE