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
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
19/11/2023 Bertus Preller Arrears, Contempt of Court, Divorce, Interim Maintenance, Maintenance, Rule 43, Settlement agreements Binding agreements, Consent Papers, court order, Court order superseding, Court Rulings, Divorce Law, divorce proceedings, divorce settlements, Enforceable agreements, Family Court, Legal advice on divorce, Legal binding, Legal dispute resolution., Legal enforceability, legal implications, Legal precedence, Marital settlements, matrimonial law, new family law cases, Non-court order settlements, Relationship contracts, settlement agreement Divorce Dilemma: Settlement vs. Court Order: Navigating the Binding Complexities in Divorce Cases. – L C v L C (2023004515) 2023 ZAGPJHC 1365 (15 November 2023). SUMMARY OF JUDGMENT A. INTRODUCTION The applicant sought to rescind a contempt of court order that had been granted by Acting Justice Moorcraft on 11 October 2022 under case number… READ MORE