BACKGROUND The Applicants are the biological parents of two minor children (“the children”) who, by virtue of their divorce, are co-holders of parental responsibilities and rights in terms of the Children’s Act 38 of 2005 (“the Children’s Act”). Due to the outbreak of Covid-19, or the Corona virus, the South African Government declared a nationwide
BACKGROUND AND SUMMARY This matter considered whether a real right to a half-share in immovable property vests in a spouse, immediately after the dissolution of a marriage. More specifically, the court was tasked with determining whether the real right to the half-share in the immovable property vested in terms of a court order, incorporating a
SUMMARY On or about 22 December 2016, the Honourable Justice Daffue J granted a decree of divorce in the unopposed motion court which included a deed of settlement pertaining to the care and residency of the two minor children born from the marriage which existed between the Applicant and Respondent. At the time, the parties
SUMMARY In this case, the Applicant and the Respondent were married and divorced and then remarried and are again divorcing. The Applicant therefore brought the Rule 43 Application in order to determine the parental responsibilities and rights of the couple’s two minor children as well as her maintenance and that of the two minor children.