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South Africa decisions
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O.M.L v S.S.L (10528/2022) [2025] ZAGPPHC 712 (16 July 2025)
The court held that a twice-signed settlement agreement was valid and binding, rejected the defendant’s claim of misunderstanding, and granted a divorce.
T.R v Z.D.R and Others (93454/2015) [2024] ZAGPPHC 1343 (20 December 2024)
Leave to appeal was refused after the court found no reasonable prospects of success in a rescission dispute arising from a divorce settlement and costs order.
ZDE v CE (1011/2022) [2024] ZASCA 159 (18 November 2024)
The Supreme Court of Appeal refused leave to appeal in a divorce matter involving a minor child, holding that the High Court properly prioritized the child’s best interests over the settlement agreement.
T.R (Nee M) v Z.D.R and Others (93454/2015) [2024] ZAGPPHC 960 (23 September 2024)
The High Court dismissed an application to rescind a divorce settlement and order, finding no proved misrepresentation, fraud, duress, or basis for proprietary relief.
Du Preez and Others v Master of the High Court and Others (45184/2021) [2024] ZAGPPHC 299 (26 February 2024)
The court held that a divorce settlement order conflicted with the deceased’s will and amounted to a revocation under section 2A(c) of the Wills Act.
T.R v S.R (2017/11467) [2024] ZAGPJHC 76 (24 January 2024)
The court set aside a writ of execution against a retirement annuity, finding the maintenance debt was not properly quantified and remained in dispute.
M.D v N.D - Appeal (A176/2023) [2023] ZAWCHC 304 (29 November 2023)
The High Court found that the parties, assisted by legal representatives, consciously agreed to use December 2013 as the cut-off date for calculating pension interests in their consent paper. The evidence showed robust negotiations and deliberate amendments to the agreement, including the relevant dates. The respondent's claim of a common mistake was rejected as an afterthought unsupported by the facts. The magistrate erred in varying the consent paper, as there was no legal basis or good reason to alter the parties' agreement. The cross-appeal was dismissed as opportunistic and lacking merit…
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E.M v A.T.M (37007/2022) [2023] ZAGPPHC 1924 (16 November 2023)
The High Court found that it had jurisdiction to hear the application, rejecting the Respondent's arguments that the matter should have been brought in the Johannesburg Division or the Regional Court, Benoni. The Court held that the writ of execution issued by the Regional Court was unlawful because the debt claimed was not owed to the Respondent but to her mother, Ms V V Bambisa, as per the settlement agreement incorporated in the divorce decree. Furthermore, the writ was issued without a specific court order for the amount claimed, and the requirements of Section 63 of the Magistrate's Cour…
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R.P.C v L.G.Y (A5075/2022) [2023] ZAGPJHC 1256 (2 November 2023)
High Court appeal over maintenance and school-fee obligations in a divorce settlement was dismissed. The court held the agreement was not varied and private school fees remained payable.
S.L.M v B.M (2017/30005) [2023] ZAGPJHC 890 (8 August 2023)
The court found that the settlement agreement expressly regulated the maintenance obligation and the provision of a motor vehicle, with no scope for implied or tacit terms terminating maintenance upon remarriage or cohabitation. Section 7(2) of the Divorce Act was inapplicable due to the existence of a settlement agreement. The applicant failed to establish the existence of a lifetime partnership between the defendant and a third party, as the evidence was insufficient and largely based on hearsay. The agreement was properly made an order of court in accordance with constitutional and legal r…
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