20/12/2023 Bertus Preller Antenuptial Contracts, Customary Law, Divorce ante-nuptial contract, civil law, community of property, consent in marriage, court judgment, customary law., customary marriage, Divorce Law, Family Law, High Court ruling, Legal Analysis, legal challenges, legal dispute, legal implications, legal precedent, marital regime, marriage registration, Mashisane v Mhlauli, matrimonial consent, matrimonial property, property rights, RCMA, South African Law, Supreme Court appeal, traditional customs Deciphering Customary vs Civil Marriage in South African Law: An In-Depth Look at Mashisane v Mhlauli (903/2022) [2023] ZASCA 176 (14 December 2023). Court Composition and Hearing The case of Mashisane v Mhlauli was heard by the Supreme Court of Appeal on 8 November 2023, presided over by Justices Mbatha, Mothle, Hughes, Weiner,… READ MORE
20/12/2023 Bertus Preller Children, Divorce, Guardianship, Parental Rights Child Custody, Children's Best Interests, Constitutional Rights, Court Decisions, Court Orders, divorce proceedings, Family Court, Family Law, Family Law Judgements, Jurisdictional Challenges, Legal Balancing Act, legal case analysis, Legal Costs, Legal Discretion, Legal Ethics, Legal Insights, Legal precedents, Medical Records Disclosure, Parental Duties, Parental Rights, Privacy Rights, Privacy vs Best Interests, South Africa, Therapy Confidentiality, W.B v R.B Balancing Privacy and Children’s Best Interests: Insights from W.B v R.B and Another (D8141/2022) [2023] ZAKZDHC 96 (18 December 2023). Introduction In the case of W.B v R.B and Another, presided over by Henriques J, the court faced a complex interlocutory application. This case, filed under case number D8141/2022 and… READ MORE
18/12/2023 Bertus Preller Life Partnerships, Living Together, Universal Partnership Asset Division, Business Partnerships, Cohabitation Agreements, cohabitation rights, Common-Law Relationships, Contractual Relationships, Joint Ventures, legal obligations, Legal Protection, Legal Rights, Non-Marital Partnerships, Partnership Dissolution, Personal Rights, Prescription Law, Prescription Period, Property Division, South African Law, Universal Partnerships, unmarried couples Dividing the Fruits of A Universal Partnership – The Prescription Dilemma in Khan v Shaik (641/2019) [2020] ZASCA 108. Introduction In the Supreme Court of Appeal case of Khan v Shaik (641/2019) ZASCA 108, the South African courts grappled with a nuanced and complex question: Can a claim for… READ MORE
18/12/2023 Bertus Preller Life Partnerships, Universal Partnership cohabitation rights, estate disputes, estate management, estate rights, Family Law, inheritance law, joint asset ownership, landmark judgment, legal case analysis, legal precedent, legal recognition, LL v CH N.O., non-marital relationships, partnership outside marriage, property sharing, relationship law, South Africa High Court, South African Law, universal partnership Unveiling the Invisible Ties: How a Landmark Case Redefined Universal Partnerships in South Africa. – L.L v C.H NO and Others (A018010/2023) [2023] ZAGPJHC 1440 (12 December 2023). Introduction In the case involving LL (Appellant) and CH N.O. (First Respondent) among others, the central issue revolved around the existence of a universal partnership between LL and the late… READ MORE
16/12/2023 Bertus Preller Abuse, Adversarial Legal System, Children, Coercive Control, Cohabitation, Counselling, Cultural Abuse, Digital Abuse, Divorce, Emotional Abuse, Financial Abuse, Harrassment, Hostile Family Lawyers, Infidelity, Life Partnerships, Living Together, Marriage, Mediation, Neglect, Physical Abuse, Psychological Abuse, Reasons for Dicorce, Sexual Abuse, Spiritual Abuse, Verbal Abuse Amazon, Apple Books, Bertus Preller, communication skills, Conflict Resolution, couple counseling, couple therapy, divorce lawyer, emotional intelligence, Family Law, healthy marriage, legal expertise, love and relationships, marital guidance, marriage advice, matrimonial advice, navigating relationships., partnership tips, psychological insights, relationship book, Relationship Challenges, relationship dynamics, Relationship Guide, relationship maintenance, relationship resilience, relationship strategies, self-help, Takealot, The Unexpected Counsellor, understanding love The Unexpected Counsellor – A Divorce Lawyer’s Strategies to Navigate Love and Avoid Heartbreak. About the Book In the intricate dance of relationships, where every step counts and every misstep matters, Bertus Preller's latest book, "The Unexpected Counsellor," emerges as a beacon of wisdom… READ MORE
07/12/2023 Bertus Preller Children, Divorce Alternative Dispute Resolution, arbitration advantages, arbitration finality, arbitration flexibility, arbitrator selection, confidentiality in family disputes, cost-effective solutions, court system relief, dispute resolution, expedited process, fact-oriented resolution, family law arbitration, family law expertise, Legal Representation, matrimonial disputes, private family matters, private ordering, public interest, reduced trauma, user-friendly approach Navigating New Horizons: The Emergence of Arbitration in Matrimonial Dispute Resolution in South Africa. Introduction: Exploring the Need for Family Law Arbitration The traditional adversarial system of litigation, while effective in various legal domains, often falls short in addressing the unique complexities and emotional… READ MORE
05/12/2023 Bertus Preller Children, Costs, Guardianship, Immigration, Parental Rights Children's Best Interests, constitutional court decisions, constitutional law, Court Rulings, family life protection, family rights, family separation, family-centric immigration policies, foreign nationals in South Africa, human dignity in immigration, immigration act changes, immigration act invalidity, immigration case law, immigration policy reform, international human rights, legal amendments, legal implications for families, Legal precedents, mixed-nationality families, new family law case, Parental Responsibilities, permanent residency, South African citizenship, South African immigration law, spousal visas, visa regulations Navigating the Shift: How South African Immigration Law is Evolving to Protect Family Rights – Rayment and Others v Minister of Home Affairs and Others; Anderson and Others v Minister of Home Affairs and Others (CCT 176/22) [2023] ZACC 40 (4 December 2023) Introduction and Factual Background Chief Justice Zondo, along with Justices Kollapen, Madlanga, Majiedt, Makgoka, Mathopo, Potterill, Rogers, and Theron, presided over two applications seeking confirmation of an order of constitutional… READ MORE
03/12/2023 Bertus Preller Alimony, Divorce, Interim Maintenance, Maintenance, Rule 43, Spousal Maintenance attorney divorce, child support, contribution to costs rule 43, divorce proceedings, divorce settlement, equal representation, Family Court, Family Law, financial dependency, financial disparity, Financial Obligations, forensic accountant, gendered maintenance system, interim maintenance, Judicial Discretion, Legal Costs, legal fees contribution, Legal Representation, maintenance claims., marital standard of living, matrimonial litigation, Ozzy Osbourne reference, Rule 43 proceedings, South African divorce, spousal maintenance, urgent applications Legal Drama Meets Rock ‘n’ Roll: PILLAY AJ’s Ruling against Attorney/Respondent in a Rule 43 application with an Ozzy Osbourne Twist – J K v E K (15912/2023) [2023] ZAWCHC 182 (29 November 2023) Background of the Case Marriage and Separation Details: The parties were married on 1 December 2012, with their marriage being out of community of property and incorporating the accrual system.… READ MORE
02/12/2023 Bertus Preller Abuse, Coercive Control, Cultural Abuse, Digital Abuse, Emotional Abuse, Financial Abuse, Harassment, Neglect, Physical Abuse, Psychological Abuse, Sexual Abuse, Spiritual Abuse, Verbal Abuse 16 Days of Activism, abusive relationships, advocacy, Bertus Preller Books, breaking the silence, community support, counselling, domestic violence, emotional manipulation, empowerment, fear in abuse, GBV prevention strategies, gender-based violence, healing and recovery, intimate partner violence, legal assistance, mental health, poverty and GBV, psychological trauma, public health crisis, relationship red flags, societal change, South Africa, survivor support, The Unexpected Counsellor Book, women and children impact Understanding Abusive Relationships: An In-depth Look during the 16 Days of Activism in South Africa. Abusive relationships present a complex and deeply troubling issue worldwide, with ripples extending far beyond the immediate victims. This article delves into the intricate dynamics of abusive relationships, focusing particularly… READ MORE
01/12/2023 Bertus Preller Children, Divorce Court Applications, Court Decisions, Divorce Cases, Divorce Law, divorce litigation, divorce proceedings, Divorce Trials, Expedient Resolution, Fair Legal Process, Family Court, Judicial Discretion, Legal Issues, Legal proceedings, Legal Separation, Legal Separation Process, matrimonial law, Rule 33(4), Separation Applications, South African Law, Uniform Rules of Court Understanding Separation Applications in Divorce Proceedings: Navigating Rule 33(4) of the Uniform Rules of Court – M.D.A.P.G.S v L.M.D.S (2021/47489) [2023] ZAGPJHC 1373 (24 November 2023). In a recent judgment, the court addressed an interlocutory application concerning a divorce case in South Africa. The application, based on rule 33(4) of the Uniform Rules of Court, sought… READ MORE