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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…

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Adversarial Litigation in Divorce and Family Law Practitioners’ Conduct: Unpacking – D.N.Q v P.Q (49090/2021) [2024] ZAGPPHC 12 (12 January 2024).

Background of the Dispute The case of D.N.Q v P.Q (49090/2021) ZAGPPHC 12, presided over by Marumoagae AJ, emerged from a dispute within the context of a protracted divorce process.…

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Rule 43(6), Cost Contribution, and the Perils of Financial Non-Disclosure in South African Matrimonial Litigation. – G, Z v G, J.G.C (77979/2018) [2024] ZAGPPHC 7 (12 January 2024).

Introduction In this intricate and legally significant judgment Marumoagae AJ presided over a Rule 43(6) application that illuminated key aspects of South African family law, particularly in the context of…

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NAVIGATING THE COMPLEXITIES OF INTERNATIONAL CHILD ABDUCTION IN SOUTH AFRICA: LEGAL PERSPECTIVES, CHALLENGES, AND CASE LAW ANALYSIS.

INTRODUCTION The escalating global issue of international child abduction has significant implications within the South African legal framework. This analysis delves into South Africa's approach to addressing and implementing key…

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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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Understanding Rule 43: The Framework for Legal Cost Contributions in Divorce Litigation.

INTRODUCTION In the realm of matrimonial law, Rule 43 of the Uniform Rules of Court stands as a pivotal mechanism, designed to address the financial imbalances that often arise during…

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Navigating New Horizons: The Emergence of Arbitration in Matrimonial Dispute Resolution in South Africa.

Introduction: Exploring the Need for Family Law Arbitration The traditional adversarial system of litigation, while effective in various legal domains, often falls short in addressing the unique complexities and emotional…

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Legal Drama Meets Rock ‘n’ Roll: PILLAY AJ’s Ruling against Attorney/Respondent in a Rule 43 application with an Ozzy Osbourne Twist – J K v E K (15912/2023) [2023] ZAWCHC 182 (29 November 2023)

Background of the Case Marriage and Separation Details: The parties were married on 1 December 2012, with their marriage being out of community of property and incorporating the accrual system.…

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Divorce and Deception: A Landmark Case on Hidden Assets and Legal Consequences – Insights from Namibian Law: Oberholzer v Loots and another (SA 33-2021) NASC [2023] (22 November 2023)

Background and Relationship between the Parties The Appellant and the Respondent were involved in a personal relationship. During this period, they lived together and were engaged in the management and…

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Understanding the Nuances of Child Custody: A Detailed Analysis of a Recent Interim Contact Case – M.D.B and Another v C.N (2023-113226) [2023] ZAGPPHC 1913 (17 November 2023).

Introduction The judgment by Van der Schyff J involved applicants seeking interim contact with a minor child, M, who was previously under their care. The case was presented in the…

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