27/01/2026 Bertus Preller Adultery, Divorce, Exceptional circumstances separation, In Community of Property, Infidelity, Liquidator, Liquidator, Receiver Divorce, Separation Applications, Separation of issues, Trusts, Trusts accrual system, conceptual separability, convenience test, De Wet NO v Jurgens, divorce litigation, divorce proceedings, divorce South Africa, Estate Sayle, family law South Africa, Gillespie v Gillespie, interim maintenance, joint estate division, marriage in community of property, matrimonial property law, Matrimonial Property Regime, NK v KM, receiver and liquidator, separation of issues, strike date, T.S.Y v L.E.Y, TD v LD, trust assets joint estate, undivided share, Wilson J, ZAGPJHC 34 You Can’t Have Your Divorce and Keep the Estate Too: T.S.Y v L.E.Y (2022/3952) [2026] ZAGPJHC 34 (26 January 2026) on the Inseparability of Divorce and Asset Division in Marriages in Community of Property. The Factual Matrix: A Long-Separated Couple and the Quest for a "Clean" Divorce The applicant, TSY, and the respondent, LEY, married in community of property on 27 July 1989. The… 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