The High Court, Western Cape Division, Cape Town dealt with an application about a consent paper incorporated into a divorce order. The judgment records disputes about maintenance, medical expenses, educational expenses and holiday allowances, and the court granted rectification, amendment or clarification of several clauses.
This appears to concern maintenance and related divorce settlement wording, and may be relevant to family law practitioners dealing with consent papers and post-divorce disputes.
Evidence from source
Summary : Maintenance - Medical Expenses - Educational Expenses - Holiday Allowances - “Reasonableness” Requirement Implied - Application Granted.
Supports: The source concerns maintenance, medical expenses, educational expenses, holiday allowances, and that the application was granted.
The applicants seek relief in the form of a rectification, alternatively a clarification, alternatively an amendment of a settlement agreement/s, the provisions of which (including an addendum) were incorporated into the divorce order grant
Supports: The judgment concerns rectification, clarification or amendment of settlement agreements incorporated into a divorce order.
The following clauses of the Consent Paper which were made on Order of Court on 19 May 2019 are rectified, alternatively amended, alternatively clarified by way of declaratory order