by VDT Attorneys | Apr 24, 2023 | Heterosexual Partnership, Life Partnership, Maintenance
In the recent Western Cape High Court matter of EW v VH (12272/2022) [2023] ZAWCHC 58 (17 March 2023), the court was tasked to decide whether the Applicant, a woman who had been involved in a permanent romantic relationship with her partner for nearly 9 years and...
by VDT Attorneys | May 19, 2022 | Maintenance, Maintenance order
A recent judgment of the Johannesburg High Court answers this question. In this case the applicant brought an urgent application against the father of their two minor children for arrear maintenance dating back to 2008. In the application the applicant also asked for...
by VDT Attorneys | Sep 14, 2021 | Family, Family Law, Maintenance, Sequestration
Where an ex-spouse is in arrears with maintenance, the first step would usually be to enforce the maintenance agreement / order via the courts. However, should the spouse not have an income or ability to pay or physical assets that can be executed against, our courts...
by VDT Attorneys | May 20, 2021 | Child, Child Support, Divorce, Family, Maintenance
To assess whether the obligation to pay maintenance or a claim for unpaid maintenance can prescribe, regard must be had to the provisions of the Prescription Act 68 of 1969 (“Prescription Act”). In the recent matter of SA v JHA and Others 2021 (1) SA 541 (WCC) this...