The free resource library will be updated on an ongoing basis with examples of court documents, latest case law, templates and articles…
The free resource library will be updated on an ongoing basis with examples of court documents, latest case law, templates and articles…
D.B v B.J.B (40/2024) [2024] ZAFSHC 112 (18 April 2024)
Maintenance – Affordability – Applicant is not as desolate as she makes out to be – Respondent has existing maintenance order paid to first wife – Applicant has not made out a case for separate order for relocation costs – Order for contribution towards legal costs not appropriate in circumstances – Maintenance of R10,000 per month granted – Respondent ordered to continue with payments in respect of bond over communal property.
Read full judgment: D.B v B.J.B (40/2024) [2024] ZAFSHC 112 (18 April 2024)
LA v EFV (2024-017275) [2024] ZAGPPHC 213 (11 March 2024)
Children – Consent to travel – Mother seeks consent from father for departure of minor child from Republic for specific period – Father refuses to consent – Court may intervene and order consent of one who unreasonably refuses consent – Applicant mother demonstrated that in the circumstances, consent of all persons is not necessary for departure of child from Republic given unreasonable withholding of consent by father – Children’s Act 38 of 2005, s 18(5).
Read full judgment: LA v EFV (2024-017275) [2024] ZAGPPHC 213 (11 March 2024)
M.S.S v L.A.S (5722/2023) [2024] ZAFSHC 72 (13 March 2024)
Maintenance – Primary residency – Pending divorce between parties – Minor child’s maintenance requirements considered – Respondent bears responsibility to pay 50% of bond – Affordability – Respondent cannot pay for funeral and investment policies when maintenance obligations for daily living must be met – Respondent can afford and has funds available to pay maintenance and bond contribution pendent lite.
Read full judgment: M.S.S v L.A.S (5722/2023) [2024] ZAFSHC 72 (13 March 2024)
O.A.J v K.J (67591/2013) [2024] ZAGPPHC 214 (6 March 2024)
Maintenance – Variation – Material changes in circumstances – Granting of relief will terminate unemployed respondent’s income stream in circumstances where there exist material factual disputes – Applicant’s assertions do not provide a basis for a rescission of order – Respondent’s counter-application is partially successful in respect of a further contribution for costs – Application dismissed – Uniform Rule 46(3).
Read full judgment: O.A.J v K.J (67591/2013) [2024] ZAGPPHC 214 (6 March 2024)
H.F v I.Z (2022-058317) [2024] ZAGPJHC 239 (4 March 2024)
Maintenance – Costs contribution – Minor child and applicant – Applicant resigned from employment by agreement between parties to care for minor child – Parties were living a decent life where respondent was paying for all household expenses – Right of minor child to a standard of living which is adequate for her development – Applicant’s actual and reasonable expenses considered – Respondent is able to meet expenses for applicant and minor child.
Read full judgment: H.F v I.Z (2022-058317) [2024] ZAGPJHC 239 (4 March 2024)
E.J.L v H.J.C.L (4770/2023) [2024] ZAFSHC 59 (26 February 2024)
Maintenance – Medical related expenses – Applicant seeks that respondent pay for her expenses not covered by medical aid – Respondent countered that gap cover covers applicant – Applicant has not made out a case that any additional medical cover is needed – Failed to establish a need for claim – Respondent tendered maintenance pendente lite and it was therefore superfluous to bring Rule 43 application – Applicants claim fails – Costs order warranted.
Read full judgment: E.J.L v H.J.C.L (4770/2023) [2024] ZAFSHC 59 (26 February 2024)
R.K.K v M.D.K (20413/2022) [2024] ZAGPPHC 140 (20 February 2024)
Maintenance – Costs contribution – Contact with minor children – Spousal maintenance – Respondent has systematically started excluding applicant from access to joint finances since she commenced divorce proceedings – Previously managed income generated by property and was using it for household requirements – Unilaterally terminated by respondent – Spousal maintenance granted – Contribution towards legal costs granted.
Read full judgment: R.K.K v M.D.K (20413/2022) [2024] ZAGPPHC 140 (20 February 2024)
J.S.H v M.S.H and Others (1308/2024) [2024] ZAWCHC 42 (16 February 2024)
Maintenance – School fees – Private or public school – Whether respondent in contempt – Applicant desiring children to attend private school when respondent offering to pay for government school – Rule 43 order not stating that respondent required to pay the school fees of the school chosen by applicant – Parties to immediately approach registrar of judge who assumed role of case management judge – In interests of children and proper administration of justice that the divorce is finalised as soon as possible – Uniform Rule 43.
Read full judgment: J.S.H v M.S.H and Others (1308/2024) [2024] ZAWCHC 42 (16 February 2024)
R.A v H.A (51793/2021) [2024] ZAGPJHC 123 (12 February 2024)
Maintenance – Affordability – Whether applicant and children are entitled to maintenance pending finalisation of divorce proceedings – Respondent has more financial muscle – Applicant as primary care giver to children requires financial support – Applicant has become impoverished or is out of pocket because of costs incurred – Needs to be reimbursed to a certain extent – Order made in terms of draft order incorporating applicant’s prayer regarding medical aid.
Read full judgment: R.A v H.A (51793/2021) [2024] ZAGPJHC 123 (12 February 2024)
R.A v F.A (14491/2020; 14490/2020; 19594/2021) [2024] ZAWCHC 35 (9 February 2024)
Maintenance – Suspension of order – Order granted in absence of applicant – Failed to attend court – Allegedly attended court on incorrect day due to acting upon incorrect information provided by legal representatives – Deterioration of financial circumstances significantly weighs heavily in favour of applicant – Current financial position was not considered when order was granted – Operation of order suspended.
Read full judgment: R.A v F.A (14491/2020; 14490/2020; 19594/2021) [2024] ZAWCHC 35 (9 February 2024)
T.E v V.E (2023/021747) [2024] ZAGPJHC 91 (2 February 2024)
Maintenance – Affordability – Financial disclosure lacking – Respondent is not working and has no income – Applicant’s tender ensures respondent has former common home to live in, with its costs covered – Contends there is very little left for daily expenses – Expenses claim considered – Maintenance in respect of minor children granted – Primary residence vests with respondent – Contribution to respondent’s legal costs granted.
Read full judgment: T.E v V.E (2023/021747) [2024] ZAGPJHC 91 (2 February 2024) )
T.R v S.R (2017/11467) [2024] ZAGPJHC 76 (24 January 2024)
Maintenance – Writ of execution – Whether writ of execution should be set aside and rescinded – Amounts claimed by respondent are in dispute – Respondent having not attached supporting documentation to affidavit in support of application to obtain writ – Amount payable under judgment can be ascertained only after deciding further legal problems – Writ is materially defective – Incompetently issued – Rescinded and set aside.
Read full judgment: T.R v S.R (2017/11467) [2024] ZAGPJHC 76 (24 January 2024) )
EVG v AJJV (2023-059041) [2023] ZAGPJHC 1473 (22 December 2023)
Maintenance – Parental rights and responsibilities – Costs contribution – Best interests of minor children paramount – Voice of child assessment produced positive feedback regarding children’s relationship with both parents – Appropriate contact regime considered – Appointment of parenting coordinator – Contribution towards spousal maintenance considered and applied – Primary residence of minor children remains with applicant.
Read full judgment: EVG v AJJV (2023-059041) [2023] ZAGPJHC 1473 (22 December 2023)
K.A.E v W.N.E (58415/2021) [2023] ZAGPJHC 1488 (18 December 2023)
Maintenance – Accommodation – Respondent paying for child’s maintenance – Contending that applicant does not have need because she is staying comfortably with her parents – Submissions are unsustainable and opportunistic – It is his legal duty to accommodate her – That housing is not reflected as an expense, it does not follow that she has no need – She has need as any person, inextricably linked to constitutional guarantee of right to dignity – Respondent shall pay the applicant R15,000 per month for her accommodation – R300,000 to be paid towards her legal costs – Uniform Rule 43.
Read full judgment: K.A.E v W.N.E (58415/2021) [2023] ZAGPJHC 1488 (18 December 2023)