settlement agreement interpretation Archives

29/06/2025

Bertus Preller Family Law Cases May - June 2025 actio communi dividundo, birth registration, Child Custody, Child Relocation, Children’s Court jurisdiction, Co-ownership, customary adoption, customary marriage, divorce rescission, DNA testing, estate administration, family law 2025, familylaws.co.za, financial disclosure, international contempt, June 2025 family law, maintenance enforcement, Matrimonial Property Act, May 2025 SA cases, parental alienation, Plascon‑Evans, preservation order, procedural fairness, property sale order, relocation, Rule 35 discovery, Rule 43, settlement agreement interpretation, shared parental responsibility, South African Family Law, widow maintenance

Shaping the Landscape of Family Law: May–June 2025 South African Case Law Roundup.

Shaping the Landscape of Family Law: May–June 2025 Roundup The months of May and June 2025 featured several high-impact judgments that will influence future family-law disputes—especially on jurisdiction, customary marriage, property rights…

28/06/2025

Bertus Preller Appeal, Contractual repudiation, Deleted clauses contract interpretation, Divorce, Settlement agreement finality, Settlement agreement interpretation, Settlement agreements breach of settlement agreement, close corporation disputes, commercial dispute resolution, commercial entities matrimonial law, commercial relationship breakdown, contract amendment principles, contract cancellation principles, contract cancellation procedures, contractual breach remedies, contractual interpretation principles, contractual obligations enforcement, contractual repudiation remedies, contractual repudiation South Africa, deleted clauses contract interpretation, handwritten contract amendments, Limpopo High Court, matrimonial commercial entities, matrimonial litigation appeals, matrimonial property settlements, matrimonial settlement disputes, matrimonial settlement law, mora contractual obligations, repudiation contract law, settlement agreement breach, settlement agreement cancellation, settlement agreement enforcement, settlement agreement interpretation, settlement agreement validity

High Court Upholds Settlement Cancellation: J.V.S v M.V.S and Others [2025] ZALMPPHC 101 (19 May 2025) – When Deleted Clauses Still Bind.

The Factual Matrix: From Matrimonial Breakdown to Settlement Agreement Disputes This complex matrimonial dispute arose from the breakdown of a marriage between the appellant and first respondent, leading to protracted…

28/06/2025

Bertus Preller Actio communi dividundo, Appeal, Clean Break Principle, Cohabitation, Divorce, Settlement agreement finality, Settlement agreements actio communi dividundo, alternative access arrangements, clean break principle, contractual interpretation family law, contractual occupation rights, court order variation requirements, deed of settlement breach, domestic violence protection orders, Eastern Cape High Court, Endumeni interpretation principles, factual disputes motion proceedings, finality principle settlement agreements, joint property ownership disputes, matrimonial property arrangements, motion court proceedings, occupation rights conditions, Plascon-Evans principle, post-divorce litigation, post-divorce property disputes, property sale compelling orders, Regional Court appeal, romantic partner cohabitation clause, settlement agreement finality, settlement agreement interpretation

Settlement Agreement Interpretation Triumph: J.G.C v G.A.C [2025] ZAECMKHC 44 (13 May 2025) – High Court Overturns Property Sale Order.

The Factual Matrix: What Led to the Appeal This appeal arose from a bitter post-divorce property dispute between former spouses who had been married for thirty-five years in community of…

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