10/10/2026 Bertus Preller Constitutional Court divorce pension, Divorce, Equitable redistribution, Marriage out of community of property without accrual, Pension Funds, Pension Funds Act 24 of 1956, Pension interest, Pension interest divorce, Redistribution Claim, Redistribution of assets divorce, Redistribution order, Section 7(3) Divorce Act, Section 7(7)(c) Divorce Act [2026] ZACC 39, accrual system exclusion, antenuptial contract pension, B 20 of 2025, Bertus Preller, Constitutional Court divorce pension, Dambuza J, declaration of invalidity not suspended, Divorce Attorney Cape Town, EB v ER, GD v Minister of Home Affairs, gender discrimination divorce, General (Family) Laws Amendment Bill, just and equitable redistribution, KG v Minister of Home Affairs, marriage out of community of property without accrual, Matrimonial Property Act 1984, Pension Funds Act divorce, pension interest divorce, pension redistribution order, post-1984 marriages, prospective order divorce, redistribution of assets divorce, section 7(3) Divorce Act, section 7(7)(c) Divorce Act, section 7(8) Divorce Act, section 9(1) Constitution, section 9(3) unfair discrimination, South African Family Law Pension Interest Now Redistributable in All Marriages Without Accrual: The Constitutional Court Strikes Down Section 7(7)(c) of the Divorce Act in GD v Minister of Home Affairs and Others (CCT 60/25) [2026] ZACC 39 (9 October 2026). The facts and the road to the Constitutional Court The applicant, Mrs D, and the third respondent, Mr D, met in 1999 and married on 25 April 2004 out of… READ MORE
09/10/2026 Bertus Preller Absence of a party, Contempt of Court, Divorce, Ex parte application, Fraud, non-disclosure, Maintenance, Maintenance Act 99 of 1998, Maintenance Court, Procedural Law, Reconsideration application, Rescission, common law rescission, Rule 42(1)(a), Schlesinger v Schlesinger, Self-created urgency, Urgency, Urgent applications, Urgent divorce applications, Zuma v Secretary Judicial Commission absence of a party, common law rescission, contempt of court, divorce consent paper, East Rock Trading, ex parte application, finality of judgments, fraud, Greig AJ, Luna Meubel, Madavanhu, Maintenance Act 99 of 1998, maintenance arrears, non-disclosure, periodical imprisonment, Rainbow Farms, reconsideration application, rescission, Rule 41A mediation, Rule 42(1)(a), Rule 6(12)(c), Schlesinger v Schlesinger, section 10 enquiry, Self-Created Urgency, spousal maintenance, Urgent Application, Western Cape High Court, writ of commitment, Zuma v Secretary Judicial Commission When Both Sides Lose: “Absence”, Self-Created Urgency and a Decade of Maintenance Litigation: E.H v J.C.J.V.D (19849/2022) [2026] ZAWCHC 576 (2 October 2026). A Decade of Enforcement and a Friday Evening Hearing The judgment in E.H v J.C.J.V.D (19849/2022) ZAWCHC 576 (2 October 2026), delivered by Greig AJ in the Western Cape Division,… READ MORE
06/10/2026 Bertus Preller Accrual Calculation, Accrual Calculator, Accrual claims, Accrual system, Curator Ad Litem, Direct and substantial interest, Discretionary family trust, Divorce, Divorce and trusts South Africa, Joinder of beneficiaries, Joinder of trustees, Locus standi of beneficiary, Matrimonial Property Act 88 of 1984, Rule 10 Uniform Rules of Court, Section 13 Trust Property Control Act, Sufficient interest in trust, Termination of trust, Trust joinder divorce, Trust Property Control Act 57 of 1988, Trusts, Trusts, Variation of trust provisions : joinder of trust in divorce, accrual system, amendment of particulars of claim, curator ad litem, de facto control of trust, direct and substantial interest, discretionary family trust, divorce and trusts South Africa, duties of trustees, family law South Africa, inherited farm, joinder of beneficiaries, joinder of mortgagee, joinder of trustees, locus standi of beneficiary, Master of the High Court, Matrimonial Property Act 88 of 1984, minor beneficiaries, non-joinder, Northern Cape High Court, points in limine, Rule 10 Uniform Rules of Court, Rule 28 amendment, section 13 Trust Property Control Act, substantially the same question of law or fact, sufficient interest in trust property, termination of trust, Trust Property Control Act 57 of 1988, variation of trust provisions Joining a Family Trust to a Divorce: Why Rule 10 Shut the Door in S[…] v S[…] and Others: In re: S[…] v S[…] (2115/2020) [2026] ZANCHC 86 (5 October 2026). An Inherited Farm, a Discretionary Family Trust and a Marriage at an End: The Facts In S v S and Others: In re: S v S (2115/2020) ZANCHC 86 (5… READ MORE
03/10/2026 Bertus Preller Best Interests of the Child, Children, Constitutional Court customary law, Customary Law, Customary Marriages, gender equality, Imbeleko, Recognition of Customary Marriages Act 120 of 1998, section 211(3), section 9 Constitution, Ulwaluko, Umgidi, Umngeno, Xhosa initiation age of majority, Attorney and Client Costs, Bhe case, co-holder consultation, customary law and Constitution, declaratory order, dependent adult child, final interdict, Gender Equality, Imbeleko, living customary law, Mbungela, MM v MN, parental responsibilities and rights, rule 6(12) urgency, section 18 Children's Act, section 211(3), Section 31 Children's Act, section 9 Constitution, Self-Created Urgency, Setlogelo, Shilubana, standing of parent, Superior Courts Act, Ulwaluko, Umgidi, Umngeno, Xhosa initiation, Z v Z A Mother’s Place at the Umgidi: Living Customary Law, Gender Equality and the Myth of the Magic Age of 18 — S.Z.Z v S.Z (2026/196397) [2026] ZAGPJHC 1099 (25 September 2026). The Facts: A Mother Excluded from Her Son's Rite of Passage In S.Z.Z v S.Z (2026/196397) ZAGPJHC 1099 (25 September 2026) a divorced mother approached the Gauteng Division, Johannesburg, on… READ MORE
03/10/2026 Bertus Preller Alimony, Best Interests of the Child, Care and Contact, Child Maintenance, Childcare Expert, Children, Children's matters South Africa, Civil contempt South Africa, Contact Rights, Contempt of Court, Costs, Curator Ad Litem, Divorce, Forensic psychologist mandate, Hired Gun Expert, Maintenance, Parental rights and responsibilities, Pendente Lite, Primary Residence, Primary residence dispute, Rule 43, Rule 43 Applications, Rule 43 Contempt, Rule 43 orders, Unlawful retention of a child, Urgency, Urgent applications, Variation Rule 43(6) best interests of the child, breach of court order, child abuse allegations, Children’s Act 38 of 2005, Contact rights, court-appointed expert, curator ad litem, divorce litigation, DTL v GB, expert bias, family advocate report, family law South Africa, forensic psychologist mandate, Gauteng High Court Johannesburg, hired gun expert, interim care and contact, parental alienation, parental rights and responsibilities, pendente lite order, primary care, primary residence, Rule 43 variation, Rule 43(6), Rule 67A(3), scale C costs, self-help, sheriff enforcement, unlawful retention of a child, Urgent Application Self-Help Never Pays: Unlawful Retention of a Child and the Limits of Rule 43(6) — L.C.E v C.E (2026/226362) [2026] ZAGPJHC 1070 (29 September 2026). Neutral Citation: E v E (2026-226362) ZAGPJHC --- (29 September 2026) The Facts: A Four-Year-Old Caught in the Crossfire of a Brutal Divorce The parties in L.C.E v C.E (2026/226362)… READ MORE
03/10/2026 Bertus Preller Alimony, Child Maintenance, Clean Break Principle, Divorce, Divorce settlement agreement, Maintenance, Maintenance Act 99 of 1998, Maintenance Calculator, Maintenance termination, Pendente Lite, Post-divorce maintenance, Procedural Law, Rehabilitative maintenance, Rule 43 orders, Settlement agreements, Spousal Maintenance accrual system, Antenuptial Contract, Botha v Botha, clean break principle, Divorce Attorney Cape Town, divorce maintenance South Africa, divorce settlement, drawdown rate, earning capacity, expert evidence, family law South Africa, industrial psychologist, interim maintenance, lifelong maintenance, living annuity, maintenance after divorce, maintenance claim, partisan expert, Pendente Lite, pension interest, rehabilitative maintenance, Rule 43, Rule 43(6), section 37D Pension Funds Act, Section 7(2) Divorce Act, spousal maintenance, spousal support, trust assets divorce, Western Cape High Court No Right, Only a Discretion: Rehabilitative Maintenance, Earning Capacity and the Clean Break in H.L.B v J.B (6071/2021) [2026] ZAWCHC 561 (23 September 2026). The Facts: A Long Marriage, a R9.1 Million Settlement and a Maintenance Claim with No Tender The parties in H.L.B v J.B were married on 22 August 1998, out of… READ MORE
23/09/2026 Bertus Preller Alimony, Civil contempt South Africa, Contempt of Court, Contempt of court maintenance, Costs, Divorce, Maintenance, Procedural Law, Rule 43, Rule 43 Applications, Rule 43 Contempt, Rule 43 orders, Spousal Maintenance, Variation Rule 43(6) Court Orders Are Not Optional: Contempt, Self-Help and Rule 43 in S.L v A.C and Another (2026/047264) [2026] ZAWCHC 536 (17 September 2026). The facts: an attempt to recover a Mercedes-Benz in the midst of protracted divorce litigation S.L v A.C and Another (2026/047264) ZAWCHC 536 (17 September 2026) concerned an application arising… READ MORE
23/09/2026 Bertus Preller Divorce, Finality in litigation, matrimonial asset division, matrimonial litigation, Once-and-for-all rule, Piecemeal litigation, Procedure, South African divorce law, Suitable alternative accommodation, Urgent divorce applications divorce litigation strategy, family law practitioners, family law South Africa, finality in litigation, finality principle, fragmented litigation, High Court divorce cases, household furniture dispute, interim relief divorce, L.C v C.B.C, L.C v C.B.C NO and Others, legal finality, litigation costs divorce, marital home occupation, matrimonial home, matrimonial litigation, matrimonial property disputes, once-and-for-all rule, piecemeal litigation, repeat litigation, South African divorce law, South African family law cases, suitable alternative accommodation, temporary accommodation divorce, Thulare J, urgent applications family law, urgent divorce applications, Western Cape High Court, ZAWCHC 549 Finality in High-Conflict Divorce Litigation: The Once-and-for-All Rule in L.C v C.B.C NO and Others (229199/26) [2026] ZAWCHC 549 (22 September 2026). The facts: a temporary move from the matrimonial home becomes a further legal dispute In L.C v C.B.C NO and Others (229199/26) ZAWCHC 549 (22 September 2026), the Western Cape… READ MORE
21/09/2026 Bertus Preller Alimony, Appeal, Appealability, Costs, Costs de bonis propriis, Divorce, Leave to appeal Superior Courts Act, Maintenance Court, Pendente Lite, Rule 43 Appeal, Rule 43 Contempt, Rule 43 Cost Contributions, Rule 43 orders, Spousal Maintenance AF v MF, AG v LG, Attorney and Client Costs, BE v NT SCA, contribution towards costs, costs de bonis propriis, curator ad litem, Dicker NO v SJVDW, EB v CB Free State, family law South Africa, hopeless application costs, interim relief divorce, leave to appeal Rule 43, maintenance pendente lite, Pangarker J, past legal costs Rule 43, postponement Rule 43, Practice Directive 45B, refusal of postponement appealable, RM v AM, Rule 43, Rule 43 appeal, Rule 43(1)(b), Rule 43(6) variation, Rule 58 Magistrates Court, S v S Constitutional Court, section 16(3) Superior Courts Act, section 173 Constitution, Western Cape High Court Rule 43 Orders Cannot Be Appealed, and Persisting Costs the Attorney: Dicker NO v S.J.V.D.W (Leave to Appeal) (2026/006447) [2026] ZAWCHC 482 (7 September 2026). The Western Cape Division has once again been called upon to restate what ought by now to be trite in every family law practice in the country: orders granted in… READ MORE
19/09/2026 Bertus Preller Best Interests of the Child, Children, Children's Act, Children's matters South Africa, National Code, Player Status Regulations, Players' Agents Regulations, Rugby agents, Rugby bursaries, Rugby poaching, Rugby regulations, Rugby scouts, School rugby governance, School rugby recruitment, School sport law, Schoolboy Rugby South Africa, Schoolboy rugby transfers, Schools, Section 28 Constitution, South African Schools Act 80 per cent rule, best interests of the child, child protection in sport, children's act, Craven Week, FIFA compensation model, first XV, independent schools, John Smit, KwaZulu-Natal Headmasters' Agreement, National Code, Player Status Regulations, Players' Agents Regulations, Pridwin, rugby agents, rugby bursaries, rugby poaching, rugby scouts, SA Rugby regulations, school rugby governance, school rugby recruitment, school sport law, schoolboy rugby, schoolboy rugby transfers, Section 28(2), South African Schools Act, under-18 players, Western Province poaching resolution, World Rugby regulations Bought, Not Built: the South African schoolboy rugby market has no rules, and the law of children already has them. The Market in Schoolboy Rugby Players in South Africa: the Law, the Rules, and How the Movement of Children Should Be Governed is a research paper of nearly a hundred… READ MORE