02/07/2025 Bertus Preller Appeal, Divorce, Procedural Law, Procedure, Rule 42 variation application accrual system, appellate procedures, collateral attack judgments, common mistake divorce, costs follow the cause, divorce decree variation, ex tempore judgment, final judgment finality, fraudulent misrepresentation, High Court North West Division, joint estate division, judicial officers function, legal certainty principles, legal representation errors, litigation finality, marriage out of community of property, matrimonial disputes, Matrimonial Property Act 88 of 1984, Matrimonial Property Regime, pleadings integrity, pre-nuptial contract, procedural missteps, property division claims, Rule 42 variation application, South African Family Law, Uniform Rules of Court, Zweni case finality When Variation Applications Fail: The Limits of Rule 42 Common Mistake in K.P.M v O.L.M and Another (Reasons) (1751/2008) [2025] ZANWHC 103 (17 June 2025). The Genesis of the Dispute: A Marriage Out of Community of Property Revisited The roots of this protracted legal dispute stretch back to 7 February 1991, when the applicant and… READ MORE
17/04/2025 Bertus Preller Appeal, Division of Estate, Divorce, Procedural Law, Recission of Divorce Orders Cape Town High Court, Court Jurisdiction, divorce order, final judgment, Firestone principle, functus officio, gross irregularity, in community of property, joint estate division, judicial authority, Judicial Review, legality review, magistrates court, PAJA, Property Division, Receiver appointment, review application, Superior Courts Act, Trencon substitution, Western Cape When Magistrates Overreach: G.W.X. v Magistrate of Western Cape Blue Downs Mashala N.O & Another (17268/2024) [2025] ZAWCHC 142 (27 March 2025). Background to the Review Application: The Divorce Orders in Question The recent Western Cape High Court judgment in G.W.X. v Magistrate of Regional Division of Western Cape Blue Downs Mashala… READ MORE
01/02/2024 Bertus Preller Division of Estate, Divorce, In Community of Property, Liquidator asset management in divorce, bias in estate division, division of assets, divorce and asset division, divorce and property rights, divorce case study, divorce court duties, divorce proceedings, divorce settlement agreement, equitable asset distribution, equitable division principles, estate liquidation process, family law insights, impartiality in asset division, joint estate division, judicial oversight, legal authority of liquidators, legal challenges in divorce, legal framework for divorce, legal precedents in divorce, liquidator role, marital property act, matrimonial estate division, matrimonial property, powers of liquidator, protecting divorcing parties, resolving marital disputes, safeguarding fairness, South African Family Law Navigating Divorce: The Role of Liquidators / Receivers in the Division of Joint Estates. – S.S.M v P.J N.O and Another (15515/2017) [2023] ZAGPPHC 2024 (18 December 2023). Introduction to the Case and Parties Involved In the matter of S.S.M v P.J N.O and Another (15515/2017) ZAGPPHC 2024 (18 December 2023), the Gauteng Provincial Division of the High… READ MORE