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
30/11/2024 Bertus Preller Anti-Dissipation Interdicts, anti-dissipatory relief, Division of Estate, Divorce, In Community of Property, Interdict, Procedural Law, Procedure Attorney Conduct, auction process, civil procedure, conveyancing, court order, divorce agreement, divorce proceedings, divorce settlement, execution debtor, execution sale, High Court Judgment, judicial fairness, judicial interpretation, judicial oversight, Legal Ethics, legal fairness, legal precedent, market value, matrimonial assets, matrimonial property, procedural fairness, property auction, property dispute, property law, property rights, property rights protection, Property Transfer, Property Valuation, sale in execution, Sheriff's sale, South African Law From R1.5 Million to R1000: How a Divorce Property Sale Went Terribly Wrong – M.R.M v M.F.M and Others (M614/2023) [2024] ZANWHC 289 (26 November 2024). In what could be dubbed "The Case of the Thousand Rand Mansion," the North West High Court recently had to grapple with a property sale that would make any estate… READ MORE