12/08/2025 Bertus Preller Divorce, Divorce Act section 9, Forfeiture of Benefits, Forfeiture patrimonial benefits, Gambling addiction, Marital misconduct, Substantial misconduct, Undue benefit test business failure, casino gambling, Child Custody, community of property, divorce act section 9, divorce costs, divorce proceedings, Engelbrecht judgment, estate liquidation, Family Law, financial misconduct, forfeiture patrimonial benefits, gambling addiction, joint estate division, legal precedent, Marital Assets, marital misconduct, marriage breakdown, Matrimonial Property Regime, Parental Rights, property forfeiture, property investment, receiver and liquidator, rental income, spousal contributions, substantial misconduct, undue benefit test, Western Cape High Court, Wijker case Gambling Addiction vs Substantial Misconduct: When Forfeiture Claims Fail in Community of Property Divorces – P.N v D.N (10481/2018) [2025] ZAWCHC 335 (6 August 2025). Factual Matrix: A 20-Year Marriage Marred by Allegations of Compulsive Gambling The matter before Kholong AJ in the Western Cape Division concerned the dissolution of a marriage that had endured… READ MORE
20/07/2025 Bertus Preller Caveat Subscriptor, Contractual repudiation, Divorce, Pacta sunt servanda, Procedural Law, Recission of Divorce Orders, Settlement agreement finality, Settlement agreements, Validity Divorce Settlement Agreement Auckland Park case, caveat subscriptor, child maintenance, contractual interpretation, contractual repudiation, Divorce Act 70 of 1979, Divorce Decree, divorce litigation, divorce proceedings, divorce settlement agreement, family law practice, George v Fairmead, High Court Gauteng, Legal Representation, maintenance agreements, matrimonial property, Natal Joint Municipal Pension Fund, Pacta Sunt Servanda, Parental Rights, post-signature regret, property forfeiture, settlement agreement validity, settlement negotiations, South African Family Law, spousal maintenance, undue influence, Van der Schyff J, vitiating factors, witness attestation Caveat Subscriptor Strikes Again: When Post-Signature Regret Meets Divorce Reality in O.M.L v S.S.L (10528/2022) [2025] ZAGPPHC 712 (16 July 2025). The Factual Matrix: When Signatures Tell a Different Story The factual backdrop of this matter presents a curious tale of matrimonial dissolution that would make any family law practitioner pause.… READ MORE