27/07/2023 Bertus Preller Alimony, Children, Divorce, Interim Maintenance, Maintenance, Parental Rights, Rule 43, Spousal Maintenance, Trusts Adequate Housing, Bertus Preller, child maintenance, Children's Act 38 of 2005, Constitutional Rights, Contact rights, court order, Divorce Attorney Cape Town, Divorce News, divorce proceedings, Equality of Arms, Family Law, financial disclosure, Legal Costs, maintenance, Maintenance Order, Marital Assets, Parental Responsibilities, Primary Residency, right to dignity, Rule 43, South African Law, spousal support Equality of Arms Upheld: Court Orders Husband to Contribute R805,903 Towards Wife’s Legal Costs in Rule 43 Proceedings. Y.M v T.J.M (26526/2022) ZAGPPHC 582 (13 July 2023) The case involved a dispute between two parties identified as Y.M. and T.J.M. This was an application in terms of Rule… READ MORE
21/07/2023 Bertus Preller Abuse, Alienation, Children, Divorce Bertus Preller, Child Custody, Child Psychology, child welfare, Child's Best Interests, Court Rulings, Divorce, Divorce Attorney Cape Town, Divorce News, Family Court, Family Law, legal precedent, Parental Alienation Syndrome, Parental Responsibilities, Protective Measures, Psychological Impact, South African Family Law, Therapeutic Interventions, ZAGPJHC 2023 Parental Alienation Syndrome and Its Impact on Children: Insights from a Recent South African Case D, TE v G, B (015642/2022) ZAGPJHC --- (13 July 2023) SUMMARY This case pertains to family law and involves an urgent application. The child's best interests are the primary… READ MORE
18/07/2023 Bertus Preller Alimony, Financial Disclosure, Maintenance, Settlement agreements, Spousal Maintenance Bertus Preller, court appeal, court decision, court errors, court judgement, court order, Divorce, Divorce Attorney Cape Town, divorce settlement, Family Law, financial arrangements, financial disclosure, financial investigation, High Court appeal, JSB vs LDB, legal appeal, legal case, legal dispute, legal duty, legal obligations, legal precedent, Legal proceedings, Magistrate's errors, Maintenance Act, maintenance agreement, maintenance investigator, maintenance obligations, maintenance officer, settlement agreement, spousal maintenance, spousal support Correcting Course: How the High Court Rectified the Magistrate’s Errors in the JSB vs LDB Spousal Maintenance Case. L.D.B v J.S.B (A3079/2021) ZAGPJHC 786 (13 July 2023) BACKGROUND On the 31st of January 2014, the respondent, JSB, had divorced the appellant, LDB. The terms of the divorce had… READ MORE
09/07/2023 Bertus Preller Abuse, Children, Living Together, Parental Rights age difference, Bertus Preller, biological father, boarding school, child welfare, custody dispute, deception, denial of access, Family Law, impact on child, legal battle, minor child, mother, non-compliance, out of wedlock, parental conflict, physical abuse, protection order, relationship dynamics, sentencing, unconventional parenting, unique case, verbal abuse The Complex Battle for Care and Contact: An Unconventional Case of Parental Conflict, the Views, and the Welfare of a Minor Child. A.C v S.A.M (22507/2021) ZAGPJHC 756 (27 June 2023) INTRODUCTION This matter was initially brought before the court on 18 May 2021 as an urgent application. The applicant sought an… READ MORE
08/07/2023 Bertus Preller Children, Divorce, Marriage, Parental Rights, Relocation Bertus Preller, Best interests of the minor children, Children Act 38 of 2005, Contact rights, Divorce, Divorce Attorney Cape Town, Divorce News, Divorce process, High Court Johannesburg, Lack of urgency, MVN v MN case, Passport and visa application, Pending custody and access application, Regional Court Springs, Relocation to Ireland, Rule 58 application, Termination of parental responsibilities and rights, Urgent application dismissal From South Africa to Ireland: The Relocation Battle That Lacked Urgency. MVN v MN case number 060071/23, High Court in Johannesburg - 30 June 2023 On the 21st of June 2023, the Applicant (wife) brought an urgent application against the Respondent… READ MORE
02/07/2023 Bertus Preller anti-dissipatory relief, Divorce, Interdict Bertus Preller, close corporation, Divorce, Divorce Attorney Cape Town, Divorce Attorney South Africa, divorce proceedings, husband, interdict, legal victory, matrimonial property, matrimonial residence, property dispute, selling property, urgent relief, wife Securing the Marital Home: A Legal Victory Halting the Sale of a Matrimonial Property Amid Divorce Proceedings MS v MJ GAUTENG HIGH COURT JOHANNESBURG CASE NUMBER 2022/218731 - 13 June 2023 Introduction In this case the Applicant had sought urgent relief, aimed at prohibiting the First and… READ MORE
01/07/2023 Bertus Preller Children, Cohabitation, Life Partnerships, Living Together, Parental Rights, Same Sex Couples artificial fertilisation, Bertus Preller, best interests of the child, Children’s Act 38 of 2005, Children’s Court, Constitutional Court, constitutional defects, constitutional invalidity, discrimination, Divorce Attorney Cape Town, Divorce News, Family Law, family life, marital status, parental rights and responsibilities, Parliament, permanent life partners, remedy, right to dignity, sexual orientation Landmark Ruling: South Africa’s Constitutional Court Declares Section 40 of the Children’s Act Unconstitutional, Affirming Parental Rights for Same-Sex Couples. VJV AND ANOTHER v MINISTER OF SOCIAL DEVELOPMENT AND ANOTHER ZACC 21 - 29 JUNE 2023 The Constitutional Court ruled on an application for validation of a constitutional invalidity that… READ MORE
01/07/2023 Bertus Preller Children, Life Partnerships, Living Together, Relocation best interests of minor children, cohabitation, Constitutional Court, discrimination, Divorce, Divorce Attorney Cape Town, Divorce News, equality, human dignity, landmark judgement, married parents, Mediation in Certain Divorce Matters Act 24 of 1987, never-married parents, Office of the Family Advocate, Section 4, South Africa, South African Constitution relocation Landmark Constitutional Court Ruling: Equal Access to Family Advocate Services for All Parents in South Africa. CENTRE FOR CHILD LAW V T S AND OTHERS ZACC 22 - 29 June 2023 THE FACTS The facts of the Centre for Child Law v T S and Others… READ MORE