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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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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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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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Failure to Pay Maintenance Leads to Retirement Annuity Attachment: A South African High Court Ruling. MO v RO AND ANOTHER – Case Number: 15617/2022 – 5 January 2024.

Case Overview In a recently concluded application in the High Court of South Africa (Western Cape Division, Cape Town), with case number 15617/2022, MO (the applicant) brought an urgent application…

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Legal Precision in Divorce Settlements: Lessons from the M.D v N.D – Appeal (A176/2023) [2023] ZAWCHC 304 (29 November 2023) on Pension Interests and Attorney Conduct.

The Facts of the Case: A Detailed Overview This Appeal in the western Cape High Court presented a complex scenario involving the variation of a divorce order, particularly focusing on…

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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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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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Rule 43: Navigating Maintenance and Financial Fairness in South African Divorce Proceedings and Adult Dependent Children.

Y.V.D.M v W.P.V.D.M (2021/43213) ZAGPJHC 1280 (9 November 2023) Introduction Case Background: This case involved an application under Rule 43 of the Uniform Rule of Court, related to a pending…

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