Explore the critical role of Rule 43 in South African family law, providing interim relief in matrimonial disputes. Discover how courts balance support needs with fairness and protect children’s welfare during divorce proceedings.
Explore the enforceability of settlement agreements through the Free State High Court’s decision in Lequbu Specialised Services (Pty) Ltd v Matjhabeng Local Municipality. Understand the legal implications and the significance of upholding settlement agreements in South Africa
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Learn how M.W.H v N.E.H & Another addressed the legal considerations of transferring pension interests to fulfil a settlement agreement. Tax deductions & more.
In the Limpopo High Court case M.F.B v J.B (5674/2016) decided on 24 January 2024, the issue of forfeiture of patrimonial benefits was a central point of contention. This case highlights the complexities involved in divorce proceedings, particularly concerning the division of joint assets and pension interests.
This case highlights the judicial approach in balancing the rights of both parents, focusing on the child’s welfare and best interests as per South African law. Gain insights into the factors influencing court decisions in international relocation cases, the role of financial responsibilities, and the impact on parent-child relationship
Divorce matters, when opposed, take a very long time to run their course through the justice system. Litigants invariably become eager to fast-track the process by any means necessary. Unfortunately, in the context of divorce matters, no matter how good your legal...
Understanding the complexities of divorce, particularly in relation to asset division, can be complex, with a significant focus on the rights to pension benefits. These benefits are considered assets during a divorce and are often a point of contention due to...
In the realm of matrimonial law, the case of J.E.R (Nee O) v B.E.S case (A16/2023; 15871/16) [2023] ZAWCHC 291 emerges as a defining judgment. On November 20th, 2023, the Western Cape High Court delivered a decision that clarifies the application of Section 7(2) of...
You want to make the best decisions for your child's well-being as a parent. When parents are divorced or separated, it can be difficult to determine who has the final say in major decisions regarding the children. The South African Children's Act of 2005 outlines the...