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"Caveat Scriptor!" [beware of what you write/ sign]

"Caveat Scriptor!" [beware of what you write/ sign]

Author: By Fawzia Khan
Date: 2025-07-23

'When a man is asked to put his signature to a document, he cannot fail to realize that he is called upon to signify his assent to whatever words appear above his signature. The party who seeks relief must convince the Court that he was misled as to the words to which he was thus signifying his assent. In each case, this must be decided on all the evidence led in that particular case.'

These words were quoted by the judge when it delivered its judgment in the Gauteng High Court on 18 July 2025, in a divorce case in which a man disputed understanding the contents of a document which he had earlier signed.

After being served with a divorce summons by his wife, the man then signed the settlement agreement, but later on changed his mind saying that at the time he signed it, he did not know what it was he signed. The term Caveat Scriptor is a Latin term which essentially serves as a caution to a drafter of a document or to the person signing a document, that their signature to the document carries with it binding legal consequences.

In this case the court heard that when the wife served the divorce summons on her husband, she also included a settlement agreement which she and two witnesses had signed and dated on 21 February 2022. About 3 weeks later she served the divorce summons on her husband. On 25 March 20222, the husband also signed the settlement agreement, together with two witnesses and couriered the settlement agreement to his wife. In April 2022 he again signed a copy of the same agreement at his wife's lawyers offices and in the presence of two witnesses. A few months later however, the husband delivered a notice to defend the divorce action, saying that he did not realize he had signed a settlement agreement and thought he had signed an acknowledgement of receipt of the divorce summons.

The wife disputed this and the matter went on to trial. The husband's version was that he was not trained or educated in the law and he said that there was no discussion with him regarding forfeiting his interest in the parties' immovable property. During cross-examination, the husband conceded that he signed the agreement a second time.

The court found that even though the husband might not be educated in the law, as a consulting engineer, he was not an ignorant, unschooled person and that there could be no ambiguity about the contents of what he had signed.

The court said he did not plead any fraud, or misrepresentation, or undue duress at the time he signed the document nor was there any evidence that indicated that he was misled. The court was satisfied that the wife had successfully proved the existence of a written settlement agreement between the parties and granted the divorce incorporating the settlement agreement which was signed by the parties.

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