19/11/2023 Bertus Preller Arrears, Contempt of Court, Divorce, Interim Maintenance, Maintenance, Rule 43, Settlement agreements Binding agreements, Consent Papers, court order, Court order superseding, Court Rulings, Divorce Law, divorce proceedings, divorce settlements, Enforceable agreements, Family Court, Legal advice on divorce, Legal binding, Legal dispute resolution., Legal enforceability, legal implications, Legal precedence, Marital settlements, matrimonial law, new family law cases, Non-court order settlements, Relationship contracts, settlement agreement Divorce Dilemma: Settlement vs. Court Order: Navigating the Binding Complexities in Divorce Cases. – L C v L C (2023004515) 2023 ZAGPJHC 1365 (15 November 2023). SUMMARY OF JUDGMENT A. INTRODUCTION The applicant sought to rescind a contempt of court order that had been granted by Acting Justice Moorcraft on 11 October 2022 under case number… READ MORE
03/11/2023 Bertus Preller Alimony, Arrears, Costs, Divorce, Maintenance, Spousal Maintenance Arrear Maintenance, Arrear maintenance enforcement, Dispute of Fact, Enforcement, Execution against pension, Family Law, High Court maintenance ruling, Interest Calculation, Legal claim on retirement assets, legal precedent, magistrates court, Maintenance Act, Maintenance beneficiary rights, Non-Variation Clause, Pension as maintenance security, Pension fund execution, Pension Funds, Retirement fund attachment, Section 27, settlement agreement, South Africa maintenance law, South African High Court, Writ of Execution Securing Maintenance Dues: High Court Asserts Authority to Attach Retirement Funds for Arrear Payments in South Africa. I.K.L v S.E.L and Others (11212 / 2013) ZAGPJHC 1235 (26 October 2023) Summary of the Case Facts of the Case The crux of the case revolves around the enforcement… READ MORE
18/07/2023 Bertus Preller Alimony, Financial Disclosure, Maintenance, Settlement agreements, Spousal Maintenance Bertus Preller, court appeal, court decision, court errors, court judgement, court order, Divorce, Divorce Attorney Cape Town, divorce settlement, Family Law, financial arrangements, financial disclosure, financial investigation, High Court appeal, JSB vs LDB, legal appeal, legal case, legal dispute, legal duty, legal obligations, legal precedent, Legal proceedings, Magistrate's errors, Maintenance Act, maintenance agreement, maintenance investigator, maintenance obligations, maintenance officer, settlement agreement, spousal maintenance, spousal support Correcting Course: How the High Court Rectified the Magistrate’s Errors in the JSB vs LDB Spousal Maintenance Case. L.D.B v J.S.B (A3079/2021) ZAGPJHC 786 (13 July 2023) BACKGROUND On the 31st of January 2014, the respondent, JSB, had divorced the appellant, LDB. The terms of the divorce had… READ MORE