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Unmasking Financial Realities in P.P v V.P: A Ruling on Interim Maintenance and Rule 43 (027686/2022) [2023] ZAGPJHC 1345 (21 November 2023).

Mia J Rule 43 Application Background of the Case In July 1985, the applicant and respondent were married in community of property. The applicant, who intermittently worked as a school…

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Navigating the Complexities of Spousal Maintenance: Insights from the Landmark J.E.R (Nee O) v B.E.S – Appeal (A16/2023; 15871/16) [2023] ZAWCHC 291 (20 November 2023). Divorce Case.

Facts of the Case Parties: The case involves J.E.R. (nee O), the appellant, and B.E.S, the respondent. They were married and are now undergoing divorce proceedings. Marriage Duration: The couple…

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Avoiding Pitfalls: Key Lessons from a Rule 43 Divorce Showdown. SN v SR (2023/036122) [2023] ZAGPJHC 1335 (14 November 2023) 

Introduction and Background Marriage and Separation: The applicant and the respondent had been married since 25 August 2007, out of community of property with accrual. They had two minor children.…

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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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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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Rule 43 Unveiled: How One Muslim Marriage Case Redefines Interim Spousal Support and Shakes Constitutional Ground.

R.B v S.A.E.R (2023/014603) ZAGPJHC 1041 (18 September 2023) Introduction In a Rule 43 of the Uniform Rules for interim maintenance, the High Court in Johannesburg delved into the complexities…

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When Love Goes Sour and Assets Get Tangled: How One Husband’s Questionable Conduct, Refusal to Settle, and Legal Maneuvering Shaped a Divorce Ruling.

N.S v M.F.S (20/27078) ZAGPJHC 1044 (19 September 2023) Litigation History The Defendant represented himself, while the Plaintiff had legal representation. The Defendant filed 12 applications against the Plaintiff, most…

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Equality of Arms Upheld: Court Orders Husband to Contribute R805,903 Towards Wife’s Legal Costs in Rule 43 Proceedings.

Y.M v T.J.M (26526/2022) ZAGPPHC 582 (13 July 2023) The case involved a dispute between two parties identified as Y.M. and T.J.M. This was an application in terms of Rule…

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Correcting Course: How the High Court Rectified the Magistrate’s Errors in the JSB vs LDB Spousal Maintenance Case.

L.D.B v J.S.B (A3079/2021) ZAGPJHC 786 (13 July 2023) BACKGROUND On the 31st of January 2014, the respondent, JSB, had divorced the appellant, LDB. The terms of the divorce had…

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