Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

When intolerable workplace conditions force an employee to resign

June 19, 2026

Employers who fail to pay pension contributions can be forced to pay from their own pockets

June 19, 2026

Everyone wanted this Bentley, but only one owner had the right to sell it

June 19, 2026
Facebook X (Twitter) Instagram
Trending
  • When intolerable workplace conditions force an employee to resign
  • Employers who fail to pay pension contributions can be forced to pay from their own pockets
  • Everyone wanted this Bentley, but only one owner had the right to sell it
  • Excluded Xihahele households awarded R21.4 million in land restitution settlement
  • South Africa’s migration tensions reveal deeper economic and governance failures
  • Huawei Care misled consumers by promising theft cover but excluding thefts that did not involve force
  • Home Affairs says there is no deadline for foreign nationals to leave South Africa
  • New acting judges’ rules introduce a 12-year legal experience requirement from 1 July 2026
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » High Court: Divorce settlements are final, says judge in Johannesburg ruling
Family Law

High Court: Divorce settlements are final, says judge in Johannesburg ruling

A Johannesburg judge ruled that signed divorce settlements remain binding even before they are made orders of court
Kennedy MudzuliBy Kennedy MudzuliSeptember 5, 2025No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email

  • The court emphasised that settlement agreements bind parties once signed. 
  • The wife sought her husband’s financial details to challenge child maintenance.
  • The judge ruled that no live dispute exists and dismissed the case with costs.     

The Johannesburg High Court issued a strong warning to divorcing couples that once a settlement agreement is reached, it cannot be reopened just because one party later thinks they deserve more.     

This warning came when Judge S Mfenyana dismissed a wife’s request to force her husband to reveal his financial details. She argued that the signed settlement agreement had already resolved their disputes.  

The couple, married out of community of property and parents of two minor children, signed a settlement agreement in late 2023. This document covered maintenance, custody, parental responsibilities, and property arrangements. At that time, both sides accepted its terms.    

Months later, the wife claimed her husband lived a luxurious lifestyle and could afford to pay more than the R8 100 maintenance they had agreed on. She tried to reopen the matter and force him to submit a financial disclosure form.    

Judge Mfenyana’s ruling     

Judge Mfenyana stated that settlement agreements are binding once signed, regardless of whether they have been converted into court orders. The principle that contracts must be honoured guided the judgment. The court noted that the wife had not filed her own financial disclosure form, despite requesting one from her husband.    

The judge ruled that no live dispute existed between the parties since the settlement agreement covered all divorce-related issues. The court found that the application was an attempt to “peek into the respondent’s financial affairs” in hopes of creating a new dispute. The judge stated that this was not a valid use of the court’s process.     

Conviction.co.za     

Get your news on the go. Click here to follow the Conviction WhatsApp channel.   

Child Maintenance divorce settlement agreement South Africa family law financial disclosure Johannesburg High Court
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

Father gets suspended jail sentence for prioritising business interests over maintenance

June 15, 2026

Phumeza Shoba loses maintenance claim after court finds distorted picture of her finances

June 12, 2026

Mother kept son in SA in breach of agreement with Australian father

June 11, 2026
Leave A Reply Cancel Reply

Prove your humanity: 7   +   5   =  

Subscribe to our newsletter:
Top Posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024

Irregular levy increases, mismanagement, and legal threats in a sectional title scheme

June 2, 2025
Don't Miss
Employment and Labour Law Series
6 Mins Read

When intolerable workplace conditions force an employee to resign

By Ann-Suhet MarxJune 19, 20266 Mins Read

Recent Labour Court and CCMA decisions show how ignored grievances, workplace bullying, retaliation and unreasonable changes to working conditions can amount to constructive dismissal.

Employers who fail to pay pension contributions can be forced to pay from their own pockets

June 19, 2026

Everyone wanted this Bentley, but only one owner had the right to sell it

June 19, 2026

Excluded Xihahele households awarded R21.4 million in land restitution settlement

June 19, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
OUR PICKS

Standard Bank should have investigated mental health concerns before dismissal, CCMA finds

June 10, 2026

Foreign nationals leave SA amid growing tension ahead of planned 30 June deadline

June 17, 2026

Attorney who blames secretary is like surgeon blaming nurse, judge says

June 18, 2026
© 2026 Conviction.
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Type above and press Enter to search. Press Esc to cancel.

Powered by
►
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
►
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
►
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
►
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
►
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by