Introduction The case of S.L v A.C (8030/2021) [2025] ZAWCHC 565 (4 December 2025) serves as a stark reminder that access to justice does not mean access to courts on one’s own terms. Davis AJ delivered a judgment that will undoubtedly resonate with practitioners who have encountered recalcitrant litigants who treat court orders as mere
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Parents Stripped of Enforcement Rights for Adult Children’s Maintenance Post-Divorce: A Critical Analysis of R.L v J.F.D.L (A128/2024) [2025] ZAWCHC 585 (12 December 2025).
The Facts: Post-Divorce Enforcement of Maintenance for Adult Dependent Children The appellant and respondent were married in community of property for thirty years before divorcing in the High Court on 6 September 2019. At the time of their divorce, all four of their children had already attained the age of majority. The two youngest children,
When Biometric Evidence Proves Cohabitation: RJS v LAS (Case No. 5486/2022) [2025] ZAWCHC (2 December 2025) – A Dum Casta Judgment on Post-Divorce Maintenance Termination.
Background Facts: A Tale of Two Estates in Paarl The marriage between RJS and LAS was dissolved by decree of divorce granted by the Western Cape Division of the High Court on 27 May 2019. The parties had been married out of community of property with the inclusion of the accrual system and had two
Beyond Marriage: 30 Years, 40% Redistribution and the Universal Partnership Principle – E.L.M v L.M (9360/2022P) [2025] ZAKZPHC 127 (5 December 2025).
Facts and Matrimonial Background: A 30-Year Relationship The parties in this matter were married out of community of property without the accrual system on 27 March 1999, following a six-year period of cohabitation that commenced in 1993. Their relationship, which spanned over three decades until their separation in June 2023, began whilst the Plaintiff was
When a “Trial Period” Defeats Domicile: Animus Manendi and Foreseeable Contingencies in M.S.S v R.A (2025/0539959) [2025] ZAWCHC 517 (10 November 2025).
The Facts: From Cape Town to the Netherlands and Back Again
The plaintiff and defendant met in the Western Cape in 2016. Their relationship progressed quickly, with the couple moving in together at the plaintiff’s parents’ home in Cape Town in March 2017. By June 2020, they had relocated to a house in Constantia, a
When DNA Evidence Speaks Without Experts: Probabilities, Paternity and Documentary Evidence in E.A.P v S.W (A115/2025) [2025] ZAWCHC 540 (20 November 2025).
Factual Background: A Protracted Paternity Dispute Spanning Two Decades
This appeal concerned a finding by the Cape Town Magistrate’s Court, sitting as a maintenance court, that the appellant was the biological father of Z.W., a child born on 23 May 2001. What distinguishes this matter from the routine paternity dispute is the extraordinary procedural journey
Breaking the Deadlock: When Courts Override a Spouse’s Refusal to Sell Joint Estate Property – J.G.S v S.E.S and Others (A283/2024) [2025] ZAWCHC 543 (21 November 2025).
Introduction
The Western Cape High Court’s decision in J.G.S v S.E.S and Others (A283/2024) [2025] ZAWCHC 543 addresses a question of considerable practical importance in South African family law: when may a spouse married in community of property alienate immovable property forming part of the joint estate without the other spouse’s consent? The appeal judgment,
When Midnight Departures Belie Consent: Article 13 Defences Fail in International Child Abduction Case – Central Authority of the Republic of South Africa and Another v L (2025-178969) [2025] ZAGPJHC 1101 (3 November 2025).
Factual Matrix: A Mother’s Contested Departure from Denmark to South Africa
The dispute before Adams J in the Gauteng Division of the High Court centred on a six-year-old boy who had been removed from Denmark to South Africa by his mother in early August 2025. The second applicant, a South African civil engineer working in
Unproven Abuse Allegations and Expert Evidence: When Courts Reject Referral to Trial in Child Contact Disputes – C.N v I.G.R (D6383/2024) [2025] ZAKZDHC 68 (28 October 2025).
The Factual Matrix: Allegations of Sexual Abuse and Protracted Litigation
The case of C.N v I.G.R (D6383/2024) [2025] ZAKZDHC 68 (28 October 2025) presents a troubling factual scenario that will resonate with family law practitioners who regularly navigate the treacherous waters of contact disputes involving allegations of child abuse. The matter came before Notyesi AJ
When Retirement Funds Cannot Settle Accrual Claims: D E C B v J M B (37464-2020) [2025] ZAGPPHC 1093 (21 October 2025) and the Jurisdictional Dilemma in South African Divorce Law.
Factual Matrix: When a Referee’s Report Reveals More Questions Than Answers
The parties in this matter were married out of community of property with the application of the accrual system and subsequently divorced on 1 November 2022. Their divorce was formalised through a settlement agreement which was incorporated into the divorce decree granted by the