13/09/2026 Bertus Preller Appeal, Appealability, Civil procedure., Condemnation application, Default judgment., Divorce, Divorce settlement agreement, Leave to appeal Superior Courts Act, Nullity of divorce order, Procedure, Recission, Separation of issues, Settlement agreements accrual claims, appealability, B v B, B v B 2026 ZASCA 115, civil procedure, condonation application, default judgment, Divorce Decree, divorce settlement agreement, final court order, functus officio, jurisdiction, lapsed appeal, matrimonial litigation, Matrimonial Property Act, nullity of court order, procedural fairness, prospects of success, reinstatement of appeal, rescission of judgment, Rule 33(4), Rule 42(1)(a), separation of issues, settlement agreement, South African divorce law, special leave to appeal, Superior Courts Act, Supreme Court of Appeal, Zweni test Crossing the Rule 33(4) Line: When a Divorce Order Becomes a Nullity in B[…] v B[…] (562/2025) [2026] ZASCA 115 (7 September 2026). The Facts and Procedural History: From Settlement Agreement to a Lapsed Appeal The litigation in B v B (562/2025) ZASCA 115 (7 September 2026) arose from a divorce that became… READ MORE
06/08/2024 Bertus Preller Divorce, Procedural Law, Procedure, Recission of Divorce Orders attorney negligence, bona fide defence, civil litigation, contradictory evidence, costs order, court appearance, default judgment, Divorce, forfeiture, High Court Judgment, Legal Representation, matrimonial benefits, procedural missteps, rescission application, Rule 31(2), Rule 42(1)(a), Saloojee principle, South African Law, unopposed divorce Divorce, Dismissal, and Dueling Affidavits: How Attorneys’ Missteps Doomed a Rescission Bid in S.P.M v L.M (Born M) (56859/2021) [2024] ZAGPPHC 729 (2 August 2024). Background: The Divorce Proceedings and Rule 27 Application The case of S.P.M v L.M (Born M) (56859/2021) ZAGPPHC 729 stems from a divorce action initiated in November 2021. The parties… READ MORE