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
25/07/2024 Bertus Preller Accrual Calculation, Antenuptial Contracts, Appeal, Divorce, Pacta sunt servanda, Procedural Law, Procedure, Settlement agreements accrual system, appealable order, civil procedure, client advice, client communication, common mistake, contract law, divorce settlement, Family Law, judicial interpretation, justus error, legal certainty, Legal Practitioners, professional liability, settlement agreement, South African Law, Supreme Court of Appeal, thorough preparation, variation Legal Pitfalls in Divorce Settlements: B v B [2024] ZASCA 116 (24 July 2024). Warns Practitioners. The Dispute: A Settlement Agreement Under Scrutiny The case of B v B (259/2023) ZASCA 116 originated from a divorce settlement that quickly became contentious after its conclusion. The parties,… READ MORE