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Rule 43 Explained: The Complete Guide to Interim Divorce Relief and Maintenance in South Africa.

Legal Framework and Purpose of Rule 43 Rule 43 of the Uniform Rules of Court provides an expeditious mechanism for interim relief in matrimonial matters pending the finalisation of a…

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When Easter Holidays Turn Into International Child Retention: T.A.M-W v C.M.M (2025/030666) [2025] ZAWCHC 217 (23 May 2025) and the Limits of Cross-Border Contempt Orders.

Key Takeaways This landmark judgment demonstrates that South African courts will not hesitate to use their full arsenal of sanctions when parties deliberately flout agreed court orders, particularly where children's…

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Contempt of Court for Maintenance Default: Weekend Imprisonment and Punitive Costs in S.L v A.C (2024/143281) [2025] ZAWCHC 212 (21 May 2025).

Facts The parties were married on 27 April 2009 under Shariah law and have two minor children. Their civil marriage still subsisted, albeit described by Acting Judge Van Zyl as…

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Contempt Before Variation: E.W v V.T.H (Leave to Appeal) (7333/2024) [2025] ZAWCHC 162 (11 April 2025).

Background to the E.W v V.T.H Contempt Application The case of E.W v V.T.H (Leave to Appeal) (7333/2024) ZAWCHC 162 (11 April 2025) highlights the ongoing tension between maintenance obligations…

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Trust Fund Technicality: How R.A v I.K (8953/2020) [2025] ZAWCHC 123 (19 March 2025) Redefines Contempt in Maintenance Orders.

Background: The Tumultuous Divorce Proceedings Leading to the Contempt Application The case of R.A v I.K (8953/2020) ZAWCHC 123 (19 March 2025) provides a compelling glimpse into the often complex…

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From Cape Town to Saudi: Why Your Ex Can’t Be Jailed Abroad – V.L v O.C.V (11677/2006 ; 18206/2007) [2024] ZAWCHC 338 (29 October 2024).

Background: A 17-Year-Old Divorce Settlement Gone Wrong Picture this: A divorce settlement from 2006, a respondent who jetted off to Saudi Arabia, and an ex-spouse wielding a court order like…

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Contempt of Court: V.T.H v E.W (7333/2024) [2024] ZAWCHC 310 – (14 October 2024) – Upholds Sanctity of Maintenance Orders.

Background: The Breakdown of a Family and a Court Order The case of V.T.H v E.W (7333/2024) ZAWCHC 310 (14 October 2024) sheds light on the complex aftermath of a…

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Contempt of Court in Divorce Proceedings: Lessons from L.M.G V J.M.G (124145/2023) [2024] ZAGPPHC 672 (9 July 2024).

The Importance of Obeying Court Orders in South Africa In the recent High Court judgment of L.M.G v J.M.G (124145/2023) ZAGPPHC 672 (9 July 2024), Judge Swanepoel emphasised the critical…

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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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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…

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