“You Signed It, Twice”: Pretoria Court Shuts Down Ex-Husband’s Attempt to Undo Divorce Deal

The North Gauteng High Court reminds South Africans: you can’t sign away your house, then act surprised later

A man’s attempt to backpedal on a divorce settlement he signed, not once, but twice has been firmly dismissed by the North Gauteng High Court in Pretoria. The court’s ruling sends a strong message to divorcees: when you put pen to paper, you’d better mean it.

Signed, Sealed… and Now Sorry

After nearly 16 years of marriage, a Centurion woman initiated divorce proceedings and, according to court testimony, the couple agreed on a settlement before the legal dust could even settle.

The deal? He’d transfer half of his share of the couple’s home in Centurion to her. They would share parental responsibilities, with the children primarily residing with her. No spousal maintenance was requested. Instead, the father agreed to pay R4,000 monthly per child.

The wife came prepared. She attached the settlement—signed by both parties and two witnesses—to her summons. She told the court that her ex-husband had not only couriered a signed copy to her in March 2022 but came in person to her lawyer’s office in April to sign a second one.

Second Thoughts, Third Story

Three months later, the man had a change of heart. He filed an intention to defend the divorce and challenged the agreement he’d already signed twice. His argument? He was emotionally vulnerable at the time and thought he was merely acknowledging receipt of the divorce summons, not actually agreeing to terms.

This didn’t sit well with Judge Elmarie van der Schyff.

During cross-examination, it emerged that he had also filled in his email address and cellphone number on the agreement. Both versions had witness signatures, and there was no indication of him being rushed, confused, or coerced.

Judge van der Schyff noted that while the man may not be legally trained, he’s no fool, he works as a consulting engineer. “This conduct is not indicative of an intention to defend a divorce action,” she said, “but leads to the only logical inference that the parties settled the issues between them.”

The Law Isn’t a Backspace Button

In essence, the court found that the man had ample opportunity to understand what he was signing. The language in the agreement was simple. There was no complex legalese, no sign of undue pressure, and definitely no evidence that he was misled.

His story fell apart, and the judge wasn’t buying it.

She emphasized that legal agreements, especially ones that are signed twice, aren’t something you casually undo with post-breakup regret. His attempt to paint himself as misinformed didn’t hold up.

Local Reactions: Accountability Wins the Day

Legal experts and everyday South Africans on social media applauded the court’s ruling for upholding the integrity of signed agreements. “This is a win for common sense,” tweeted one local family law attorney. “Too often, courts are clogged with cases of buyers’ remorse after divorce agreements.”

Others saw it as a reminder that emotional vulnerability doesn’t absolve personal responsibility. “We get it, breakups are hard. But don’t go crying foul after signing the dotted line, twice,” posted one X user from Centurion.

A Cautionary Tale for Couples in Crisis

This case offers more than courtroom drama, it’s a real-life lesson in the importance of legal awareness and informed decision-making, especially during emotionally charged life events like divorce.

It also highlights the need for fair yet firm legal judgments in a country where many partners (especially women) are often left vulnerable by last-minute legal U-turns.

So, whether you’re going through a separation or just considering a prenup, the takeaway is simple: if you sign a legal agreement in South Africa, you’re expected to stand by it, no matter how many months later you change your mind.

Because in the eyes of the law, “I didn’t know what I was signing” just doesn’t cut it.

{Source: IOL}

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