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
13/09/2024 Bertus Preller Asset Disclosure, Division of Estate, Divorce, Hiding Assets, In Community of Property, Recission of Divorce Orders, Settlement agreements Asset Concealment, civil procedure, community of property, contract law, Court Jurisdiction, court order, damages claim, divorce proceedings, divorce settlement, exception, Family Law, financial disclosure, fraud allegations, fraudulent misrepresentation, Judicial Discretion, Legal Ethics, legal precedent, legal remedy, Legal Strategy, Marital Assets, matrimonial property, non-disclosure, professional liability, Public Policy, res judicata, separate action, settlement agreement, South African Law, Western Cape High Court Deception Exposed: L A C v J C [2024] ZAWCHC 143 – (9 September 2024) – Unmasks Fraud in Divorce Settlement Shocker. The Crux of the Case The crux of the case in L A C v J C and Others ZAWCHC 143 was whether the plaintiff could pursue a separate action… READ MORE
14/11/2023 Bertus Preller Alienation, Children, Contempt of Court, Divorce, Parental Rights Child Custody, Compliance with Orders, contempt of court, Contempt Proceedings, Court Jurisdiction, Court Orders, Courtroom Insights, Deed of Settlement, Divorce Decree, Family Advocate, Family Law, Family Legal Issues, judicial authority, Jurisdiction Issues, Legal Analysis, Legal Standards, Parental Rights, Parenting Disputes, Recent Case, South African Law Demystifying Contempt of Court in Family Law: Lessons from a Recent Case. P L v R L (2022/016375) ZAGPJHC 1331 (10 November 2023) Introduction to the Case In a recent application, the court examined an opposed application divided into three parts, with… READ MORE