Jacobus & Baloyi Inc.
Jacobus & Baloyi
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Forfeiture & Rule 57 Defence

Divorce

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About This Case

Background

Divorce cases can be complex and emotionally challenging, and it's not uncommon for spouses to disagree on issues such as the division of assets and support payments.

We defended a divorce action including a forfeiture order in which the wife refused to share 50% of her pension but claimed 50% of the husband's business shares in the company. The wife also brought a rule 57 application for interim maintenance and legal costs contribution.

Legal Strategy

  • arrow_rightInvestigated financial capacity of wife in rule 57 application
  • arrow_rightOpposed application by highlighting affordability and deliberate concealment of assets and resources
  • arrow_rightSuccessfully defended forfeiture order during divorce resulting in an equal division of the estate

Result / Implication

  • verifiedRule 57 application dismissed with costs
  • verifiedDivorce order with dismissed forfeiture application
  • verifiedCosts for divorce proceedings in client's favour

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