25/07/2024 Bertus Preller Accrual Calculation, Antenuptial Contracts, Appeal, Divorce, Pacta sunt servanda, Procedural Law, Procedure, Settlement agreements accrual system, appealable order, civil procedure, client advice, client communication, common mistake, contract law, divorce settlement, Family Law, judicial interpretation, justus error, legal certainty, Legal Practitioners, professional liability, settlement agreement, South African Law, Supreme Court of Appeal, thorough preparation, variation Legal Pitfalls in Divorce Settlements: B v B [2024] ZASCA 116 (24 July 2024). Warns Practitioners. The Dispute: A Settlement Agreement Under Scrutiny The case of B v B (259/2023) ZASCA 116 originated from a divorce settlement that quickly became contentious after its conclusion. The parties,… READ MORE
12/06/2024 Bertus Preller Alimony, Appeal, Arbitration, Arrears, Child Maintenance, Divorce, Maintenance, Procedural Law, Procedure, Spousal Maintenance 11 June 2024, 258/2023, access to courts, arbitrability, arbitration, Arbitration Act 42 of 1965, Arrear Maintenance, Divorce Act 70 of 1979, Enforcement, ex lege, Family Law, incidental matters, jurisdiction, legislative provisions, Maintenance Act 99 of 1998, maintenance disputes, matrimonial cause, party autonomy, precedent, public importance, rescission, section 2(a), suspension, variation, VJ v VJ and Another, vulnerable parties, ZASCA 92 Safeguarding Access to Courts in Maintenance Matters: The Supreme Court of Appeal’s Judgement in VJ v VJ and Another (258/2023) [2024] ZASCA 92 (11 June 2024). The Background: A Matrimonial Dispute Turns into an Arbitrability Question The recent judgment in VJ v VJ and Another (258/2023) ZASCA 92 (11 June 2024) has shed light on a… READ MORE