27/10/2026 Bertus Preller Accrual system, Appeal, Deed of settlement, Divorce, Divorce settlement agreement, Divorce settlement agreement, Maintenance, Rule 43, Rule 43 orders, Settlement agreements accrual claim, accrual system, declaratory order, Deed of Settlement, Dispute of Fact, divorce order incorporating settlement, divorce settlement agreement, Endumeni interpretation, foreseeable dispute of fact, Free State High Court, Full Bench appeal, interpretation of settlement agreement, KIV v CJV, lifelong maintenance, Loubser J, maintenance termination date, motion proceedings, party and party costs, pendente lite maintenance, Plascon-Evans rule, post-divorce maintenance, referral to oral evidence, rehabilitative maintenance, Rule 43 Order, scale B counsel fees, spousal maintenance, Wightman v Headfour, without prejudice letters, ZAFSHC 465 When Pendente Lite Means Exactly That: The Full Bench Ends a Post-Divorce Maintenance Dispute in KIV v CJV (A151/2025) [2026] ZAFSHC 465 (15 October 2026). This case concerns a divorced husband who asked the Free State High Court to declare that his duty to pay his former wife R25 000 per month in spousal maintenance… READ MORE
27/10/2026 Bertus Preller Attachment of bank account, Execution debtor notice, Incorporeal property attachment, Interim maintenance enforcement, Rule 43, Rule 43 Applications, Sheriff notice of attachment, Writ of execution arrear maintenance recovery, attachment of bank account, Congo Oil v Identiguard, divorce execution procedure, Exclusive Access Trading v Bouwer, execution debtor notice, frozen bank account divorce, Gauteng Division Johannesburg, incorporeal property attachment, interim maintenance enforcement, irregular attachment, Jaftha v Schoeman, judicial oversight execution, Koutroulis v ABSA, Lipshitz AJ, M.T.J v E.C.J, party and party costs scale A, Riordan v First National Bank, Rule 43 maintenance, Rule 45(8), rule 6(12) urgency, setting aside attachment, sheriff notice of attachment, South African Family Law, Stratgro Capital v Lombard, TBP Building v Chetty, Uniform Rules of Court, Writ of Execution, ZAGPJHC 1216 No Notice, No Attachment: Freezing a Bank Account to Enforce Rule 43 Maintenance in M.T.J v E.C.J (2026-060216) [2026] ZAGPJHC 1216 (23 October 2026). This case concerns the attachment of a husband's bank account to enforce an unpaid Rule 43 maintenance order. The Johannesburg High Court set the attachment aside because the sheriff had… READ MORE
27/10/2026 Bertus Preller Appeal, Child Maintenance, Children, Costs, Divorce, Maintenance, Maintenance Act 99 of 1998, Maintenance Calculator, Maintenance Court, Maintenance Court, Maintenance court jurisdiction to vary High Court orders, Rule 43, Rule 43 Appeal, Rule 43 Applications, Rule 43 orders Carstens v Carstens, child maintenance after divorce, common-law duty of support, Divorce Act 70 of 1979, Divorce Amendment Act 1 of 2024, divorce decree silent on maintenance, Full Bench appeal, Harwood v Harwood, Herfst v Herfst, interim maintenance, K.O v M.O, Loots AJ, LS v GAS, M.V v E.V, Maintenance Act 99 of 1998, maintenance court enquiry, maintenance pendente lite, P v R, retrospective maintenance order, Rule 43, Rule 43 order lapse, S.C.K v B.K, section 16 Maintenance Act, section 6 Divorce Act, Thulare J, upper guardian, Variation Application, Western Cape High Court, ZAWCHC 629 When the Decree Falls Silent: A Rule 43 Order Does Not Survive Divorce – S.C.K v B.K (A143/2026) [2026] ZAWCHC 629 (23 October 2026). This Full Bench appeal in the Western Cape Division decides whether an interim maintenance order granted under Rule 43 continues to operate after a decree of divorce that says nothing… READ MORE
25/10/2026 Bertus Preller Alimony, Arrear Maintenance, Arrear maintenance claims, Arrear Maintenance Variation, Attorney and client costs, Child Maintenance, Civil contempt South Africa, Contempt of Court, Contempt of court maintenance, Costs, Divorce, Fakie test, Interim Maintenance, Maintenance, Maintenance Act 99 of 1998, Maintenance Calculator, Maintenance Calculator, Maintenance Court, Maintenance Court, Maintenance order enforcement, Procedural Law, Procedure, Punitive costs orders, Rule 43 Contempt, Rule 43 orders, Serial contempt, Spousal Maintenance Arrear Maintenance, Attorney and Client Costs, Cloete J, consent paper, contempt of court, D.O v M.E, divorce order, enforcement of maintenance, evidential burden, financial disclosure, HEG Consulting v Siegwart, LAN v OR Tambo Airport, Maintenance Act 99 of 1998, maintenance court jurisdiction, Maintenance Order, MM v MF, non-encumbrance clause, rehabilitative maintenance, Secretary of the Judicial Commission v Zuma, section 6(2) jurisdiction, self-help, spousal maintenance South Africa, SS v VVS, Suspended Sentence, variation of maintenance, Western Cape High Court, wilful and mala fide, writ of execution maintenance, ZAWCHC 624 Self-Help Is Not a Defence: Ex-Husband Held in Contempt for Flouting Maintenance Order in D.O v M.E (6955/2018) [2026] ZAWCHC 624 (21 October 2026). This case concerns a former husband who, for the better part of seven years, paid his ex-wife’s court-ordered rehabilitative maintenance when and in the amount he chose, pleaded poverty and… READ MORE
25/10/2026 Bertus Preller Alter ego trust, Discretionary family trust, Discretionary trust, Discretionary Trust Divorce South Africa, Divorce, Former spouse, trust beneficiary, Joinder of trustees, Section 13 Trust Property Control Act, Trust beneficiary divorce, Trust joinder divorce, Trust Property Control Act 57 of 1988, Trusts, Trusts alter ego, alternative remedy, anti-dissipation interdict, balance of convenience, company assets divorce, contempt of court order, contingent claim, Die Dros v Telefon Beverages, divorce litigation South Africa, EB v ER, ex parte reconsideration, family trust divorce, freezing order, Gauteng High Court Johannesburg, interim interdict, irreparable harm, KG v Minister of Home Affairs, Knox D'Arcy v Jamieson, out of community of property without accrual, piercing the corporate veil, preservation order, prima facie right, redistribution of assets, Rule 43 financial disclosure, Rule 43 maintenance, S.M v J.M, section 7(3) Divorce Act, section 7(5) Divorce Act, trust resolution independent trustee Freezing the Trust and the Company: Why a Section 7(3) Redistribution Claim Did Not Found a Preservation Order Against Separate Legal Entities in T.J.R v S.L.R and Others (2026-000369) [2026] ZAGPJHC 1181 (8 October 2026). This case concerns a wife, married out of community of property without accrual, who sought interim preservation orders over assets held by a family trust and a company controlled by… READ MORE
20/10/2026 Bertus Preller Accrual system trust interest, Beneficiary, Declaratory order trust beneficiary, Discretionary trust, Discretionary Trust Divorce South Africa, Divorce, Divorce and trusts South Africa, Ex Wife beneficiary, Former spouse, trust beneficiary, Termination of trust, Trust beneficiary divorce, Trust Property Control Act 57 of 1988, Trusts, Trusts accrual system trust interest, Cool Ideas v Hubbard ordinary meaning, costs scale B High Court, declaratory order trust beneficiary, discretionary trust divorce South Africa, divorce and trusts, Estate Hafiz trust deed, ex-wife trust beneficiary, family law South Africa, family trust divorce, former spouse trust beneficiary, Hermanus property trust, K.J.P v G.G.M.P, meaning of spouse trust, Moosa v Jhavery settlor intention, Plascon-Evans trust application, section 21(1)(c) Superior Courts Act, spouse trust deed interpretation, trust beneficiary divorce, trust beneficiary status divorce, trust deed contract founder trustees, trust deed interpretation Endumeni, trust litigation South Africa, trustees discretion income capital, vesting date trust, Western Cape High Court trust judgment, Wilkinson v Crawford trust interpretation, Wormald v Woollgar, ZAWCHC 611 When “Spouse” No Longer Means You: Divorce and the Loss of Trust Beneficiary Status in K.J.P v G.G.M.P N.O and Others (17622/2024) [2026] ZAWCHC 611 (19 October 2026). The facts: a Hermanus villa, a family trust and a marriage that ended The applicant, an attorney and conveyancer, was the founder of the ERF 1 Fernkloof Investment Trust, a… READ MORE
11/10/2026 Bertus Preller Best Interests of the Child, Children, Parental Rights, Parental rights and responsibilities, Protection of Personal Information Act 4 of 2013, School rugby governance, School rugby recruitment, School sport law, Schoolboy Rugby South Africa, Schoolboy rugby transfers best interests of the child section 28, Bought Not Built, Centre for Child Law v Media 24, child privacy South Africa, Children’s Act 38 of 2005, divorce school move child, family law South Africa, Information Regulator complaint, NM v Smith privacy, parental consent children’s act, parenting plan school change, POPIA administrative fine R10 million, POPIA children’s information, POPIA penalties imprisonment, Press Code children, publication of schoolboy rugby transfers, rugby blog privacy, rugby bursary school transfer, schoolboy rugby poaching, schoolboy rugby recruitment, schoolboy rugby transfer sheets, section 18 parental responsibilities and rights, section 30 co-holders, section 31 major decisions, section 34 POPIA, section 35 POPIA competent person, section 7 POPIA journalism exclusion, section 99 POPIA damages, separated parents school decision Schoolboy Rugby Transfer Sheets: What Parental Consent Means in Family Law and What POPIA Does to Blogs That Publish Without It. In a recent article for my Substack newsletter I looked at the running "transfer sheets" that some rugby websites keep of schoolboy players moving between schools, and I asked a… READ MORE
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