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Divorce, maintenance payments and prescription By Joshua Rutgers, Bianke Biassoni and Piet Badenhorst

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When does an undertaking to pay maintenance, forming part of a divorce settlement (consent paper) and incorporated into an order of court, become prescribed in terms of the Prescription Act No. 68 OF 1969? This was a question the Western Cape High Court recently had to decide, in SA vs JHA & Others (7531/2020) [2020] …

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Payment of costs and maintenance pending divorce: Rule 43 applications By Jean de Wet

Litigation law / By

The payment of legal costs and maintenance while parties are engaged in divorce litigation is often a crucial issue, which is regulated by Rule 43 of the Uniform Rules of Court. An application under Rule 43 is a common occurrence in divorce litigation. Rule 43 provides interim relief to a spouse in divorce proceedings, in respect …

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