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.
Divorce Articles
Enforcing Settlement Agreements: A Case Study of Lequbu Specialised Services (Pty) Ltd v Matjhabeng Local Municipality
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
Forfeiture in Divorce: Insights from A.R.S (born K) v M.S.S
Unravel the complexities of divorce proceedings with insights from the case of A.R.S (born K) v M.S.S in the Limpopo High Court. Discover key rulings on child maintenance, property disputes, and pension benefits, offering essential advice for navigating similar challenges.
Rule 43 Applications: The State of Play in 2024
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.
Enforcing Settlement Agreements: A Case Study of Lequbu Specialised Services (Pty) Ltd v Matjhabeng Local Municipality
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
Forfeiture in Divorce: Insights from A.R.S (born K) v M.S.S
Unravel the complexities of divorce proceedings with insights from the case of A.R.S (born K) v M.S.S in the Limpopo High Court. Discover key rulings on child maintenance, property disputes, and pension benefits, offering essential advice for navigating similar challenges.
Did the Transfer of Pension Interest Fulfill the Settlement Agreement in M.W.H v N.E.H and Another [2024] ZAFSHC 6?
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.
Forfeiture of Patrimonial Benefits and Misconduct – Lessons from M.F.B v J.B
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.
Role of Financial Differences in Determining Legal Costs in Divorce Cases
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
Is Removal of a Liquidator for Bias Possible After Divorce Proceedings?
Introduction The intriguing case of S.S.M v P.J N.O and Another (15515/2017) [2023] ZAGPPHC 2024 (18 December 2023) dealt with a request for the removal of a liquidator appointed during the division of assets following a divorce. This case sheds light on the intricate...
Wait for your turn! – Separation of Issues in Divorce Matters | Rule 33(4) is not a tool for queue-jumping.
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...
Think Carefully Before You Sign a Divorce Settlement – You Just Might Be Held To It
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...