14/08/2025 Bertus Preller Divorce order enforcement, Divorce settlement defects, Litis contestatio, Procedure, Rescission applications, Rescission applications, Settlement agreement interpretation, Settlement agreement variation, Settlement agreements, Urgency, Urgent applications, Validity Divorce Settlement Agreement Alienation of Land Act, bond approval, breach letters, Case Law Analysis, Co-ownership, Consent Papers, conveyancing, divorce order enforcement, estate agents, Family Law, forum selection, High Court jurisdiction, judicial comity, litis contestatio, marital property disputes, matrimonial property, Powers of Attorney, property transfer disputes, Regional Court jurisdiction, rescission applications, Rule 6(12), sale agreements, sectional title, Self-Created Urgency, South African property law, urgent applications, urgent motion proceedings, void ab initio, Western Cape High Court Self-Created Urgency and Invalid Property Agreements: Key Lessons from SPR v NV (2025/119985) [2025] ZAWCHC 346 (13 August 2025). Factual Matrix: Divorce Order Enforcement and Property Transfer Disputes The matter concerned the enforcement of a Regional Court divorce order incorporating a consent paper, where former spouses held immovable property… 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