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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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Redefining Fairness: New Case Analysis on Spousal Support Where Mother Lived with Parents, Rule 43. – K.A.E v W.N.E (58415/2021) [2023] ZAGPJHC 1488 (18 December 2023).

Facts of the Case Background and Parties Marriage and Separation: The parties, K.A.E (applicant) and W.N.E (respondent), were married in 2010 and separated in 2017, a year after the birth…

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Marriage Misconduct and Asset Forfeiture: A Pivotal Ruling in Z v Z (34253/2010) [2024] ZAGPJHC – 4 (10 January 2024).

Case Overview In the High Court of South Africa, Gauteng Division, Johannesburg, the case of Z v Z (Case No: 34253/2010) was presided over by Adams J. The judgment, delivered…

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Deciphering Customary vs Civil Marriage in South African Law: An In-Depth Look at Mashisane v Mhlauli (903/2022) [2023] ZASCA 176 (14 December 2023).

Court Composition and Hearing The case of Mashisane v Mhlauli was heard by the Supreme Court of Appeal on 8 November 2023, presided over by Justices Mbatha, Mothle, Hughes, Weiner,…

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Understanding Separation Applications in Divorce Proceedings: Navigating Rule 33(4) of the Uniform Rules of Court – M.D.A.P.G.S v L.M.D.S (2021/47489) [2023] ZAGPJHC 1373 (24 November 2023).

In a recent judgment, the court addressed an interlocutory application concerning a divorce case in South Africa. The application, based on rule 33(4) of the Uniform Rules of Court, sought…

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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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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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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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The Art of Pleading in Divorce Cases: A Comprehensive Analysis of a recent South African Judgment.

Introduction In a recent case heard by the High Court of South Africa, Gauteng Division, Pretoria M.M.A.N v J.M.S (40230/2020) ZAGPPHC 675 (11 August 2023) the plaintiff initiated legal action…

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