blog-image

South African Court Rules on Talaaq and Rule 43 Interim Relief in Divorce – H.A v N.A (144907/2024) [2025] ZAGPPHC 121 (13 February 2025).

Introduction: A Landmark Case on Muslim Marriages and Rule 43 The case of H.A v N.A (144907/2024) ZAGPPHC 121 (13 February 2025) addresses a significant legal question concerning the application…

READ MORE

blog-image

The Financial Information Gap in Family Law: Addressing Inequities and Reforming Disclosure Practices.

The Financial Information Gap: Understanding the Core Problem in Family Law Matters The landscape of family law in South Africa faces a critical challenge rooted in the asymmetrical access to…

READ MORE

blog-image

Selling the Family Home? Court Protects Children’s Rights to Shelter in Ruling: MSH v JSH (Reasons) (618/2019) [2024] ZAWCHC 406 (29 November 2024).

Background: The Sale of the Matrimonial Home and Rule 43 Variation In a recent Western Cape High Court decision, M.S.H v J.S.H (Reasons) (618/2019) ZAWCHC 406 (29 November 2024), the…

READ MORE

blog-image

Bound by Marriage: The Complex Co-ownership Conundrum in P.N v A.E (20081/2023) [2024] ZAWCHC 266 – (16 September 2024).

Background: Marriage, Property Acquisition, and Divorce Proceedings In the case of P.N v A.E (20081/2023) ZAWCHC 266 (16 September 2024), we encounter a dispute between married partners over the termination…

READ MORE

blog-image

Accurate Commencement Values in Antenuptial Contracts: Legal Interpretations and Implications Explored in TN v NN and Others 2018 (4) SA 316 (WCC).

The Purpose and Role of Commencement Values in Antenuptial Contracts Commencement values play a crucial role in the implementation of the accrual system in South African matrimonial property law. As…

READ MORE

blog-image

Unshackling Dead Marriages: TD v LD and Others (32195/2017) [2024] ZAGPJHC 751 (12 August 2024) – Reshapes High-Net-Worth Divorces in South Africa.

Background: A Protracted Divorce Battle The case of TD v LD and Others (32195/2017) ZAGPJHC 751 (12 August 2024) highlights the complexities and challenges of high-net-worth divorces in South Africa.…

READ MORE

blog-image

Navigating the Complexities of Grey Divorce in South Africa: A Comprehensive Guide.

Introduction Navigating the complexities of divorce is never an easy task, but for those over the age of 50, the challenges can be particularly daunting. In South Africa, the phenomenon…

READ MORE

blog-image

Prenuptial Agreements and Public Policy: The Constitutional Court’s Ruling in D H B v C S B (CCT 293/22) [2024] ZACC 9 (22 May 2024).

Background of the Case D H B and C S B concluded an antenuptial contract before their marriage in 2015, declaring their marriage to be out of community of property…

READ MORE

blog-image

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…

READ MORE

blog-image

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…

READ MORE