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Divorce in South Africa: A Comprehensive Graphical Comparison of the 2022 Divorce Statistics.

Comparing the data on divorces from the "Marriages and divorces, 2021" and "Marriages and divorces, 2022" statistical releases, several interesting trends and differences emerge. In 2021, there were 18,208 divorces…

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Navigating Complex Family Dynamics: Care and Contact and Expert Assessments in Same-Sex Families Section 23 of the Children’s Act. – DR v NM and Another (3358/2024) [2024] ZAWCHC 69 (5 March 2024). Lekhuleni J.

Introduction Section 23 of the Children's Act 38 of 2005 emerged as a critical pillar in the court's analysis, offering a legal avenue for individuals seeking contact or care of…

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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…

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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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Reforming Lex Domicilii Matrimonii: A Step Towards Equality in South African Matrimonial Law.

Introduction In the ever-evolving domain of South African family law, the concept of matrimonial property regimes, primarily governed by the principle of lex domicilii matrimonii, stands at the crossroads 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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Navigating the Complexities of Child Relocation Cases in South African Family Law. – A.D.B v B.A.K (15944/22P) [2023] ZAKZPHC 1. – (9 January 2023).

The case of A.D.B v B.A.K, presided over by Judge Mossop J, involved intricate family law matters pertaining to the relocation of a minor child. The core issue was the…

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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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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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Balancing Privacy and Children’s Best Interests: Insights from W.B v R.B and Another (D8141/2022) [2023] ZAKZDHC 96 (18 December 2023).

Introduction In the case of W.B v R.B and Another, presided over by Henriques J, the court faced a complex interlocutory application. This case, filed under case number D8141/2022 and…

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