Family

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S v S [2022] ZAGPJHC 847

MOORCROFT AJ

31 October 2022

Maintenance

Variation of an order of Court

Rule 43 governs relief pending litigation in matrimonial matters and an order obtained in terms of the Rule is not subject to appeal; when a material change occurs in circumstances any party may approach the court for a variation of an order in terms of Rule 43(6).

L v L [2022] ZAGPJHC 846

MOORCROFT AJ

31 October 2022

Children

Primary residence of minor children pending litigation

Rule 43 application; application for an order pendente lite regulating firstly the primary residence of the minor children, a nine-year-old girl, and a seven-year-old boy, and secondly the need for a Voice of the Children assessment.

JJVW v NVW [2022] ZAGPJHC 808

WILSON AJ

18 October 2022

Children

Variation of order sought for contact regime with child and changed circumstances

Mr VW is amidst an acrimonious divorce from Mrs VW; Budlender AJ endorsed an interim order governing their rights and obligations regarding spousal maintenance, custody of, and contact with the child; Mr VW now seeks to vary that order in terms of Rule 43(6).

DWT v MT [2022] ZAWCHC 203

SALDANHA J

19 October 2022

Maintenance

Pension money attached for arrears – Ex-wife has locus standi – Two children are adults

The parties got divorced and in 2017 a settlement agreement and order of court provided for maintenance for the three minor children. One child turned 18 in 2018, one turned 18 in 2020, and the other is still a minor. The respondent contended that her ex-husband was substantially in arrears and became aware that he was to receive the proceeds of his provident fund.

CF v SG [2022] ZAWCHC 204

CLOETE J

20 October 2022

Children

Mother seeking to relocate to the UK with the child – Parents in acrimonious relationship

The applicant (mother) was schooled in the UK and studied and worked there. She met the respondent (father) when she returned to South African. She moved in with him and they started a business together. They had interpersonal difficulties and applicant moved out when their daughter was 8 weeks old. Acrimonious legal proceedings followed.

S v K [2022] ZAGPJHC 801

GILBERT AJ

11 October 2022

Accrual

Whether court can appoint liquidator to determine value of estates and then realise assets

The parties were married out of community of property subject to the accrual system. When the marriage was dissolved, the regional magistrate ordered that there be payment of one half of the accrual of the estate of the spouse whose estate showed more growth to the other spouse. That court did not determine the amounts of the accrual of each estate and the applicant later sought an order that a receiver and liquidator be appointed to take control of the separate estates and determine the extent of the accrual.

KN v BAN [2022] ZAECQBHC 38

EKSTEEN J

18 October 2022

Maintenance

Employment prospects of ex-wife – Aged 46 and married for 22 years – Little work experience

The parties were married out of community of property with the accrual system. They had one minor son and one major daughter.