14/08/2025 Bertus Preller Divorce order enforcement, Divorce settlement defects, Litis contestatio, Procedure, Rescission applications, Rescission applications, Settlement agreement interpretation, Settlement agreement variation, Settlement agreements, Urgency, Urgent applications, Validity Divorce Settlement Agreement Alienation of Land Act, bond approval, breach letters, Case Law Analysis, Co-ownership, Consent Papers, conveyancing, divorce order enforcement, estate agents, Family Law, forum selection, High Court jurisdiction, judicial comity, litis contestatio, marital property disputes, matrimonial property, Powers of Attorney, property transfer disputes, Regional Court jurisdiction, rescission applications, Rule 6(12), sale agreements, sectional title, Self-Created Urgency, South African property law, urgent applications, urgent motion proceedings, void ab initio, Western Cape High Court Self-Created Urgency and Invalid Property Agreements: Key Lessons from SPR v NV (2025/119985) [2025] ZAWCHC 346 (13 August 2025). Factual Matrix: Divorce Order Enforcement and Property Transfer Disputes The matter concerned the enforcement of a Regional Court divorce order incorporating a consent paper, where former spouses held immovable property… READ MORE
29/06/2025 Bertus Preller Cohabitation, Customary Marriages, Inheritance rights, Interdict, Intestate Succession, Procedure, South African succession law Administration of Estates Act, African customary law, attorney and client scale, cohabitation, customary law marriage, customary marriage, estate administration, estate dispute, estate litigation, estate preservation, executor appointment, High Court Pretoria, inheritance dispute, interim interdict, intestate succession, joint estate, Legal Costs, legal remedy, lobola, matrimonial property, patrimonial rights, Peteke v Khumalo, recognition of marriage, Rule 6(12), section 13, South African Family Law, testamentary rights, Urgent Application, urgent interdict, ZAGPPHC 447 Customary Marriage Dispute Halts Estate Administration: Peteke v Khumalo and Others (2025-009348) [2025] ZAGPPHC 447 (6 May 2025). The Factual Matrix: Disputed Customary Marriage and Control Over the Deceased’s Estate In Peteke v Khumalo and Others (2025-009348) ZAGPPHC 447 (6 May 2025), the applicant approached the High Court… READ MORE
27/02/2025 Bertus Preller Best Interests of the Child, Children, Costs, Parental Alienation, Procedure, Relocation attorney-client costs, best interests of child, Cape Town High Court, Child Relocation, children's act, co-holder rights, co-parenting decisions, dance education, dance talent, Hermanus relocation, Judge Pangarker, maintenance increase, maintenance variation, material non-disclosure, mediation withdrawal, non-disclosure penalties, Parental Rights, parenting plan, professional assessment, punitive costs order, Rule 6(12), school change dispute, Section 31 Children's Act, Self-Created Urgency, South African Family Law, urgent applications Dance Dreams vs Parental Rights: How Self-Created Urgency Cost a Mother in C.H v L.H (32/2025) [2025] ZAWCHC 11 (23 January 2025). The Facts: Dance Dreams and Relocation Dispute In the recent Western Cape High Court case of C.H v L.H (32/2025) ZAWCHC 11 (23 January 2025), Judge Pangarker was tasked with… READ MORE