IS YOUR EX-HUSBAND/ BOYFRIEND/WIFE/GIRLFRIEND NOT COMPLYING WITH THE TERMS OF THE SETTLEMENT AGREEMENT, MADE AN ORDER OF COURT?

Remember you always have rights!

What is a Contempt Order?

In accordance with South African law, contempt of the court is defined as either civil or criminal.

In civil cases, a contempt order is generally instituted to compel compliance from one party.

For example, an individual can apply for a contempt of court order if their former spouse refuses to meet their payment obligations set out by the divorce agreement.

A contempt order can also carry harsh penalties, such as incarceration or costly fines, and individuals are encouraged to first seek relief through alternative channels such as arbitration and mediation.

A contempt order is generally sought when all other attempts to encourage compliance have failed.

In the case of YRD v KLD [2023] ZAGPJHC 218, an adult female (“the Applicant”), sought an order declaring her ex-husband (“the Respondent”) to be in contempt of an order.

There was a clause in the settlement agreement that stated the following:

“The Plaintiff, should he have the financial means at the time, will replace the Defendants motor vehicle every 5 years, with a secondhand or new motor vehicle of a similar price escalated by inflation.”

The court ordered that the Respondent is committed to imprisonment for a period of 6 (Six) months which period is wholly suspended on the condition that the Respondent shall, within 60 (Sixty) days from the date of this order, replace the Applicant’s motor vehicle with a second hand or new motor vehicle of a similar price escalated by inflation.

Should you or your loved ones find yourself in a similar position whereby a settlement agreement is not being adhered to, please don’t hesitate to contact us!