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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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Insights from the Bench: Navigating Post-Divorce Parenting and Child’s Best Interests. – L.B v LAE (8551/2022) [2023] ZAGPPHC 1265 (21 November 2023).

Erasmus AJ Background This case revolved around the amendment of a parenting plan and a divorce order concerning the contact between the applicant (father) and the minor child, AMB. The…

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Navigating Financial Disclosure: The Turning Tide in Maintenance Variation Cases – Rule 43(6) – B.W.H v S.A.H (22802/2021) [2023] ZAGPJHC 1348 (21 November 2023).

Facts of the Case In this intricate legal matter, a husband (the applicant) sought a retrospective variation of a maintenance order previously issued by Adams J under Rule 43 of…

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Understanding the New Children’s Act 17 of 2022: A Landmark Shift in South African Family Law.

Introduction The South African legal landscape witnessed a significant legislative shift with the enactment of the Children's Amendment Act 17 of 2022. This landmark change introduced the jurisdiction of Children's…

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Unraveling the Shifren Clause: A South African Case of Divorce Settlement and Maintenance Dispute: The Million Rand Misunderstanding.

R.P.C v L.G.Y (A5075/2022) ZAGPJHC 1256 (2 November 2023) Background and Context: Divorce Settlement Agreement: The parties involved had previously entered into a divorce settlement agreement, which was subsequently made…

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Balancing the Scales of Interim Maintenance: A South African Case Study on Inheritance and Rule 43 Orders.

L.M v R.D.M (EL789/2022) ZAECELLC 32 (31 October 2023) Case Summary: The applicant, an ophthalmologist, instituted an application seeking, amongst others, variation of an Order granted by Stretch J on…

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Urgency or Delay? A Deep Dive into a South African Family Law Case Involving Schooling and Parental Rights.

MM v NM and Others (15133/23P) ZAKZPHC 117 (18 October 2023) Introduction In a recent case presided over by Davis AJ, MM (the applicant) filed an urgent application against NM…

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Parental Alienation Syndrome and Its Impact on Children: Insights from a Recent South African Case

D, TE v G, B (015642/2022) ZAGPJHC --- (13 July 2023) SUMMARY This case pertains to family law and involves an urgent application. The child's best interests are the primary…

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