04/09/2024 Bertus Preller Divorce, Spoliation business continuity, business premises, civil procedure, counter-spoliation, divorce proceedings, High Court ruling, joint ownership, legal precedent, mandament van spolie, marital dispute, matrimonial property, Mediation, office access, peaceful possession, property developers, property rights, South African Law, spoliation, Urgent Application Office Access Showdown: High Court Settles Spousal Spat in H.J.C v M.C.C (2041/2024) [2024] ZANCHC 79 – (30 August 2024). Background: A Marital Dispute Turned Property Access Saga In the heart of Kimberley, a seemingly routine marital dispute escalated into a complex legal battle over property access, as seen in… READ MORE
29/08/2024 Bertus Preller Adversarial Legal System, Appeal, Children, Costs, Divorce, Procedural Law, Rule 43, Rule 58 appealability, civil procedure, divorce proceedings, Family Advocate, Family Law, High Court, interests of justice, interlocutory orders, irreparable harm, judicial economy, magistrates court, Rule 58, Rule 60A, South Africa Family Law Feud: High Court Strikes Down Appeal in M.K v M.K (A2023/123739) [2024] ZAGPJHC 829 – (28 August 2024) Background: A Divorce Case and an Irregular Step Application The case of M.K v M.K (A2023/123739) ZAGPJHC 829 (28 August 2024) revolves around a divorce proceeding and an application made… READ MORE
25/07/2024 Bertus Preller Accrual Calculation, Antenuptial Contracts, Appeal, Divorce, Pacta sunt servanda, Procedural Law, Procedure, Settlement agreements accrual system, appealable order, civil procedure, client advice, client communication, common mistake, contract law, divorce settlement, Family Law, judicial interpretation, justus error, legal certainty, Legal Practitioners, professional liability, settlement agreement, South African Law, Supreme Court of Appeal, thorough preparation, variation Legal Pitfalls in Divorce Settlements: B v B [2024] ZASCA 116 (24 July 2024). Warns Practitioners. The Dispute: A Settlement Agreement Under Scrutiny The case of B v B (259/2023) ZASCA 116 originated from a divorce settlement that quickly became contentious after its conclusion. The parties,… READ MORE