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South Africa Case Law

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Family And Children [2023] ZAECQBHC 36

C.L.S v T.I.S (645/2020)

C.L.S v T.I.S (645/2020) [2023] ZAECQBHC 36 (13 June 2023)

The High Court dismissed a defendant’s first special plea over a divorce settlement, holding the rescission order left a triable issue not suitable for special plea.

  • Divorce Settlement Agreement
  • Special Plea
  • Rescission Of Order
  • Enforceability Of Settlement
  • Fraud Or Inducement
  • Special-plea
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Family And Children [2015] ZAFSHC 73

N v L (1860/2012)

N v L (1860/2012) [2015] ZAFSHC 73 (16 March 2015)

A divorced former spouse sought to enforce a 2006 addendum to a settlement agreement. The court rejected misrepresentation, but held the claim had prescribed.

  • Modification Of Settlement Agreement
  • Prescription Act
  • Division Of Property
  • Contractual Validity
  • Maintenance Claim
  • Enforceability Of Settlement
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Family And Children [2012] ZASCA 136

Roos v Roos en Ander (412/11)

Roos v Roos en Ander (412/11) [2012] ZASCA 136 (27 September 2012)

The Supreme Court of Appeal held that a divorce settlement remained enforceable despite the appellant’s mistaken belief about pension-fund assets.

  • Divorce Settlement
  • Specific Performance
  • Contractual Mistake
  • Enforceability Of Settlement
  • Pension Interest
  • Costs Order
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.