The court as upper guardian of minor children

Protecting children’s best interests As family lawyers, we talk repeatedly about “the best interests of the child”. This is the principle that informs and underpins the Children’s Act and should be the first priority in any divorce where children as involved. It’s reasonable to expect parents to put the best interests of their children before […]

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Wife seeks over R100,000 maintenance from husband who cheated with her best friend

wife maintance cheat husband

Reprinted from iol.co.za, by Sinenhlanhla Masilela – 2024-07-18 A Durban woman who left her marriage after realising that her husband was having an affair with her best friend told the high court that she wants over R100,000 maintenance and R171,000 for new furniture. The wife brought Rule 43 application in the Durban High Court seeking interim maintenance […]

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Woman loses bid to get ex locked up over arrear school fees

Reprinted from Moonstone – 2024-02-26 A woman sought orders from the High Court in Cape Town for her husband to be imprisoned and fined, claiming he was in contempt of court because he would not pay for their two children to attend a private school. The parties have been embroiled in what Acting Judge Mushahida […]

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Court orders man with luxurious lifestyle to pay over R100,000 spousal maintenance

High court orders husband

A Johannesburg businessman has been ordered to pay his estranged wife over R100,000 in spousal maintenance until their divorce is finalised. Reprinted from iol.co.za, by Brenda Masilela – 2023-10-23 The ruling was made by the South Gauteng High Court in Johannesburg after the wife filed a Rule 43 application in which she sought interim maintenance for […]

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Divorce and your finances

Look after your finances during divorce

What you need to know about divorce and your finances If you’re contemplating or going through a divorce, your key concern is extracting yourself from a once-happy situation that has turned at best unproductive and at worst toxic. You want to enable a more life-affirming environment for yourself and your children, if you have them. […]

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Calculating spousal maintenance

Spousal maintenance

How is maintenance calculated on divorce in South Africa? In South Africa, the Divorce Act 70 of 1979 makes provision for spousal maintenance to be paid at the discretion of the court. It is not an automatic right and can be a highly charged subject. Laws and practices vary around the world, but in general […]

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Maintenance claims – be reasonable!

Interim Maintenance Divorce

Is R20,000 a month on groceries excessive? The judge thought so! Even with five hungry mouths to feed, R20,000 a month was considered by one judge to be an unrealistic food bill. In a recent maintenance case that appeared before the Limpopo High Court, a woman claimed she had a R60,280 shortfall each month, consisting […]

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Online applications in the pipeline for protection orders, divorces: Lamola

The COVID-19 pandemic has revealed some silver linings. Justice minister Ronald Lamola announces steps to make it easier to secure uncontested divorces, protection orders and maintenance orders, and measures to increase the fight against domestic violence. Reprinted from Dispatch Live, By Andisiwe Makinana – 2020-07-23 New laws will provide for online applications for uncontested divorces, child […]

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