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De Rebus → Practice area → Divorce law

Divorce law

Settlement agreements are binding contracts and dissatisfaction with the legal consequences is not grounds for rescission

TR v ZDR and Others (GP) (unreported case no 93454/2015, 20-12-2024) (Ramlal AJ) Settlement agreements in divorce proceedings are a welcome alternative to concluding matters in the courts. Instead of […]

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One small step for women, one giant leap towards equality: The application of the EB v ER judgment

CHC v CC (GP) (unreported case no 7225/2022, 31-7-2024) (Kok AJ) On 10 October 2023, the Constitutional Court delivered a landmark judgment declaring s 7(3) of the Divorce Act 70 […]

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A brief commentary of the Divorce Amendment Act 1 of 2024

Historically, South African law only recognised a civil marriage, generally perceived to be a ‘traditional Christian marriage’ as the only type of marriage worthy of legal recognition, to the total […]

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Any evidence led in the interlocutory application will be intertwined with and will overlap with the issues in the main divorce action

MS (nee R) v JS (GP) (unreported case no 32041/2022, 29-10-2024) (Amien AJ) In the case of MS (nee R) v JS, the applicant/defendant sought an order that the postnuptial […]

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Gender conundrum regarding s 7(3) of the Divorce Act

I read Alick Costa’s (the author’s) article titled ‘Are women still disadvantaged when it comes to s 7(3)(a) of the Divorce Act?’ (2023) May DR 26, where he responded to […]

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Forfeiture counterclaim unsuccessful as husband fails to establish specific benefits

PMM v TNM and Others (FB) (unreported case no 282/2021, 22-6-2023) (Loubser J) The Free State Division of the High Court in Bloemfontein in the PMM v TNM case had […]

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Pension interest in divorce: is it time to reform s 7 of the Divorce Act?

CNN v NN [2023] 2 All SA 365 (GJ) Usually when parties divorce, a decree of divorce will indicate that the divorcing parties have agreed or been ordered to divide […]

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An exploration of s 7(7) and 7(8) of the Divorce Act 70 of 1979: Towards a legislative reform

CNN v NN [2023] JOL 58028 (GJ)   By Mukwevho Donald   Section 7(8) of the Divorce Act 70 of 1979 provides that the court, when making an order pertaining […]

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Are women still disadvantaged when it comes to s 7(3)(a) of the Divorce Act?

This article is a response to the article by the legal practitioner and Associate Professor Clement Marumoagae (the author) titled ‘Is the divorce court’s discretion to transfer assets as per […]

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Husband forfeits the patrimonial benefits of the accrual system after showing no regard for his role as a husband

M v M (GP) (unreported case no 56859/2021; 26859/2021, 21-2-2023) (Swanepoel J) In a case of M v M, the Gauteng Division of the High Court in Pretoria looked at […]

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