20/07/2025 Bertus Preller Caveat Subscriptor, Contractual repudiation, Divorce, Pacta sunt servanda, Procedural Law, Recission of Divorce Orders, Settlement agreement finality, Settlement agreements, Validity Divorce Settlement Agreement Auckland Park case, caveat subscriptor, child maintenance, contractual interpretation, contractual repudiation, Divorce Act 70 of 1979, Divorce Decree, divorce litigation, divorce proceedings, divorce settlement agreement, family law practice, George v Fairmead, High Court Gauteng, Legal Representation, maintenance agreements, matrimonial property, Natal Joint Municipal Pension Fund, Pacta Sunt Servanda, Parental Rights, post-signature regret, property forfeiture, settlement agreement validity, settlement negotiations, South African Family Law, spousal maintenance, undue influence, Van der Schyff J, vitiating factors, witness attestation Caveat Subscriptor Strikes Again: When Post-Signature Regret Meets Divorce Reality in O.M.L v S.S.L (10528/2022) [2025] ZAGPPHC 712 (16 July 2025). The Factual Matrix: When Signatures Tell a Different Story The factual backdrop of this matter presents a curious tale of matrimonial dissolution that would make any family law practitioner pause.… READ MORE
02/07/2025 Bertus Preller Divorce, Divorce settlement defects, Liquidator, Procedural Law, Receiver Divorce, Recission of Divorce Orders, Settlement agreement finality, Settlement agreement interpretation, Settlement agreement variation, Settlement agreements Children's Best Interests, children's inheritance rights, community of property marriages, condonation applications, debt-free property preservation, Divorce Act section 7(8), divorce aftermath litigation, divorce settlement defects, joint estate liquidation, legal representation duties, liquidator appointment applications, matrimonial home disputes, matrimonial property trust, motion proceedings evidence, pension benefits accrual, pension fund entitlements, pension interest claims, Plascon-Evans rule, post-divorce disputes, property occupation disputes, res judicata principles, Rule 42 variation applications, settlement agreement finality, settlement agreement variation, trust beneficiaries protection, trust registration requirements, trustee appointment orders, unrepresented parties divorce Six Years Later: Defective Settlement Clause Triggers Failed Liquidation Bid in PLB v LRB (36798/2014) [2025] ZAGPPHC 600 – 4 June 2025. The Facts: A Matrimonial Home Dispute Six Years After Divorce This case concerned a post-divorce dispute that arose six years after the dissolution of marriage between PLB and LRB, who… READ MORE
29/06/2025 Bertus Preller Divorce, Procedural Law, Recission of Divorce Orders, Urgency costs in urgent divorce application, curator ad litem, divorce settlement dispute, E.E v T.C.E, East Rock Trading case, Family Advocate investigation, family advocate report, family law procedure, fraud in divorce proceedings, Gauteng Division Pretoria, Lindeque v Hirsch case, minor children divorce court, non-disclosure in divorce, non-joinder, Pretoria High Court, procedural fairness, rescinding divorce agreement, rescission of divorce order, rescission under common law, SARS v Hawker Air Services, South African Family Law, Uniform Rules of Court, urgency in divorce, urgent child residency change, urgent divorce application, urgent High Court application, urgent motion divorce, urgent rescission case, ZAGPPHC 492 Urgency Dismissed: Lessons from E.E v T.C.E (113234/23) [2025] ZAGPPHC 492 (16 May 2025) on Rescission, Disclosure and Children’s Rights in Divorce Proceedings. The Factual Matrix: A Mother’s Urgent Attempt to Set Aside a Divorce Settlement Agreement This case arose from an urgent application brought by the applicant, E.E, who sought to have… READ MORE
21/04/2025 Bertus Preller Division of Estate, Divorce, Forfeiture of Benefits, Pension Funds, Recission of Divorce Orders community of property, court discretion, divorce act section 9, divorce costs, divorce judgment, divorce proceedings, divorce settlements, extramarital affairs, family law South Africa, financial abuse marriage, financial misconduct, Forfeiture of benefits, Gauteng High Court, High Court Judgment, justice kooverjie, legal precedent, Marital Assets, marriage breakdown, matrimonial property, partial rescission, pension claims, Pension Forfeiture, pension interests divorce, Property Division, South African divorce law, spousal misconduct, substantial misconduct, undue benefit, wijker test Marriage Misconduct Costs Husband Dearly: Court Orders Forfeiture of Property and Pension Benefits in M.J.L v L.O.L (22341/19; A288/2023) [2025] ZAGPPHC 331 (27 March 2025). Background: The Marriage and Subsequent Divorce Proceedings The recent High Court judgment in M.J.L v L.O.L (22341/19; A288/2023) ZAGPPHC 331 (27 March 2025) provides valuable insights into how South African… READ MORE
17/04/2025 Bertus Preller Appeal, Division of Estate, Divorce, Procedural Law, Recission of Divorce Orders Cape Town High Court, Court Jurisdiction, divorce order, final judgment, Firestone principle, functus officio, gross irregularity, in community of property, joint estate division, judicial authority, Judicial Review, legality review, magistrates court, PAJA, Property Division, Receiver appointment, review application, Superior Courts Act, Trencon substitution, Western Cape When Magistrates Overreach: G.W.X. v Magistrate of Western Cape Blue Downs Mashala N.O & Another (17268/2024) [2025] ZAWCHC 142 (27 March 2025). Background to the Review Application: The Divorce Orders in Question The recent Western Cape High Court judgment in G.W.X. v Magistrate of Regional Division of Western Cape Blue Downs Mashala… READ MORE
19/12/2024 Bertus Preller Costs, Divorce, Procedure, Recission of Divorce Orders, Settlement agreements condonation applications, consent agreement, consent paper validity, Consent Papers, consent validity, Court Jurisdiction, court order rescission, Court Procedures, divorce consent requirements, divorce law south africa, divorce order challenges, divorce order variation, divorce proceedings, divorce rights, divorce settlements, financial pressure divorce, High Court Judgment, legal consent, legal precedent, legal representation divorce, mapongwana aj, Marriage Dissolution, mental health divorce, rescission of court orders, rule 42 applications, rule 42 uniform rules, South African Family Law, undue influence divorce, Western Cape High Court No Easy Path to Rescind Divorce Orders: Western Cape High Court’s Ruling in MMS v LES (5910/2019) [2024] ZAWCHC (19 December 2024). Court Finds No Grounds for Rescission of Divorce Order Despite Claims of Undue Influence In an important judgment delivered by Acting Judge Mapongwana in the Western Cape Division of the… READ MORE
13/09/2024 Bertus Preller Asset Disclosure, Division of Estate, Divorce, Hiding Assets, In Community of Property, Recission of Divorce Orders, Settlement agreements Asset Concealment, civil procedure, community of property, contract law, Court Jurisdiction, court order, damages claim, divorce proceedings, divorce settlement, exception, Family Law, financial disclosure, fraud allegations, fraudulent misrepresentation, Judicial Discretion, Legal Ethics, legal precedent, legal remedy, Legal Strategy, Marital Assets, matrimonial property, non-disclosure, professional liability, Public Policy, res judicata, separate action, settlement agreement, South African Law, Western Cape High Court Deception Exposed: L A C v J C [2024] ZAWCHC 143 – (9 September 2024) – Unmasks Fraud in Divorce Settlement Shocker. The Crux of the Case The crux of the case in L A C v J C and Others ZAWCHC 143 was whether the plaintiff could pursue a separate action… READ MORE
09/09/2024 Bertus Preller Arrears, Children, Contempt of Court, Divorce, Maintenance, Procedural Law, Procedure, Punitive Cost Orders, Recission of Divorce Orders, Settlement agreements, Urgency attorney-client costs, best interests of the child, child adoption, consent paper, court order, custody, Divorce, Family Law, High Court, mental capacity, Parental Rights, punitive costs, rescission, settlement agreement, South African Law Mental Capacity and Punitive Costs: The Cautionary Tale of C.H v A.C and Others (13612/2024) [2024] ZAWCHC 245. (4 September 2024) Background: A Tumultuous Divorce and Custody Battle The case of C.H v A.C and Others (13612/2024) ZAWCHC 245 unfolds against a backdrop of protracted legal skirmishes following the breakdown of… READ MORE
06/08/2024 Bertus Preller Divorce, Procedural Law, Procedure, Recission of Divorce Orders attorney negligence, bona fide defence, civil litigation, contradictory evidence, costs order, court appearance, default judgment, Divorce, forfeiture, High Court Judgment, Legal Representation, matrimonial benefits, procedural missteps, rescission application, Rule 31(2), Rule 42(1)(a), Saloojee principle, South African Law, unopposed divorce Divorce, Dismissal, and Dueling Affidavits: How Attorneys’ Missteps Doomed a Rescission Bid in S.P.M v L.M (Born M) (56859/2021) [2024] ZAGPPHC 729 (2 August 2024). Background: The Divorce Proceedings and Rule 27 Application The case of S.P.M v L.M (Born M) (56859/2021) ZAGPPHC 729 stems from a divorce action initiated in November 2021. The parties… READ MORE
26/02/2024 Bertus Preller Divorce, Procedure, Recission of Divorce Orders Case Law, clean hands doctrine, Condonation, Constitutional Rights, Court Orders, Deeds Registries Act, Divorce Decree, divorce proceedings, due process, equitable relief, Family Court, Family Law, Legal Analysis, legal challenges, Legal precedents, Legal proceedings, legal remedies, Legal Representation, matrimonial disputes, matrimonial property, procedural fairness, property rights, rescission of judgment, Rule 31(2)(b), Rule 42(1)(a), service of summons, South African Law, Uniform Rules of Court Unraveling Legal Mysteries: The Rescission of Divorce Decrees in South African Law. – E S v J S (2011/19961) [2024] ZAGPJHC 164 (19 February 2024). Introduction to the Case of E S v J S In the intriguing case of E S v J S (2011/19961) ZAGPJHC 164, adjudicated on 19 February 2024, the court… READ MORE