21/11/2025 Bertus Preller 15(2)(a) matrimonial property act, Abuse, Actio communi dividundo, Alienation of immovable property, Dispensing with spousal consent, Divorce, Domestic Violence, Domestic Violence, In Community of Property, Matrimonial Properties Act, Plascon Evans Rule, Section 16(1) actio communi dividundo, alienation of immovable property, bona fide dispute of fact, bound co-ownership, credit agreements joint estate, dispensing with spousal consent, evidentiary burden motion proceedings, family law property disputes, free co-ownership, good cause to dispense with consent, joint estate, joint estate property sale, marriage in community of property, matrimonial property disputes, MEPF case, national credit act section 129, Plascon-Evans principles, prejudice to joint estate, private sale vs execution sale, reinstatement of credit agreement, Rule 46A, sale in execution, section 15(2)(a) matrimonial property act, section 15(2)(f) matrimonial property act, section 16(1) matrimonial property act, spousal consent requirements, unreasonable withholding of consent, withholding consent unreasonably Breaking the Deadlock: When Courts Override a Spouse’s Refusal to Sell Joint Estate Property – J.G.S v S.E.S and Others (A283/2024) [2025] ZAWCHC 543 (21 November 2025). Introduction The Western Cape High Court's decision in J.G.S v S.E.S and Others (A283/2024) ZAWCHC 543 addresses a question of considerable practical importance in South African family law: when may… READ MORE
13/07/2025 Bertus Preller Alter ego trust, Divorce, Res judicata divorce, Stay of execution, Vexatious litigation abuse of process, alter ego trust, attorney own client costs, civil procedure divorce, CRW v LMW 2025, divorce enforcement, divorce law precedent, divorce trust ruling, family court Cape Town, family law trusts, Le Grange J, legal costs divorce, litigation misconduct, res judicata divorce, rescission of judgment, Rule 45A, Rule 46A, security for costs, South African case law, South African divorce law, stay of execution, trust abuse divorce, trust execution divorce, vexatious litigant South Africa, vexatious litigation, vexatious Proceedings Act, Western Cape High Court, ZAWCHC 279 Lawfare in the Divorce Courts: C.R.W v L.M.W and Another (12866/2014) [2025] ZAWCHC 279 (2 July 2025) Unmasks Vexatious Litigation and Trust Abuse. The Factual Backdrop: A Relentless Legal Battle Post-Divorce The saga in C.R.W v L.M.W and Another (12866/2014) ZAWCHC 279 (2 July 2025) represents one of the most protracted and acrimonious… READ MORE