28/02/2024 Bertus Preller Adversarial Legal System, Alimony, Costs, Divorce, Interim Maintenance, Maintenance, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance Understanding Rule 43 Applications in South African Family Law. – A.J.K v J.J.L.K (3831/2023) [2024] ZAFSHC 52 (19 February 2024). Introduction and Facts of the Application The case judgement delivered on 19 February 2024 by M.T. Jordaan, AJ, concerns an opposed Rule 43 application within the context of ongoing matrimonial… READ MORE
26/02/2024 Bertus Preller Divorce, Procedure, Recission of Divorce Orders Case Law, clean hands doctrine, Condonation, Constitutional Rights, Court Orders, Deeds Registries Act, Divorce Decree, divorce proceedings, due process, equitable relief, Family Court, Family Law, Legal Analysis, legal challenges, Legal precedents, Legal proceedings, legal remedies, Legal Representation, matrimonial disputes, matrimonial property, procedural fairness, property rights, rescission of judgment, Rule 31(2)(b), Rule 42(1)(a), service of summons, South African Law, Uniform Rules of Court Unraveling Legal Mysteries: The Rescission of Divorce Decrees in South African Law. – E S v J S (2011/19961) [2024] ZAGPJHC 164 (19 February 2024). Introduction to the Case of E S v J S In the intriguing case of E S v J S (2011/19961) ZAGPJHC 164, adjudicated on 19 February 2024, the court… READ MORE
26/02/2024 Bertus Preller Alimony, Antenuptial Contracts, Child Maintenance, Children, Costs, Divorce, Interim Maintenance, Maintenance, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance accrual system, Asset Division, best interests of children, child maintenance, Court Decisions, court ruling, Divorce, divorce litigation, Equality of Arms, equitable distribution, Family Court, Family Law, financial disparity, Financial Disputes, interim relief, Legal Costs, legal obligations, legal principles, Legal proceedings, Legal Representation, maintenance determination, marital breakdown, marital standard of living, matrimonial assets, Parental Responsibilities, Rule 43, South Africa, spousal maintenance, Uniform Rules of Court Deciphering Divorce: A Rule 43 Ruling on Maintenance and a Contribution to Legal Costs – M Q v V S (0221062023) 2024 ZAGPJHC 188 (23 February 2024). Introduction to the Application for Maintenance and Legal Contributions In this Rule 43 application the court was presented with an intricate application concerning the financial sustenance and legal cost contributions… READ MORE
22/02/2024 Bertus Preller Children, Guardianship, Parental Rights, Same Sex Couples adoption, best interests of the child, child care, child development, child protection, child welfare, child-centric approach, Children’s Act 38 of 2005, Contact rights, Court Rulings, custody rights, emotional well-being, Family Court, family dynamics, Family Law, family structures, foster care, guardianship application, Guardianship Rights, Legal Framework, Legal precedents, legal standing, non-biological guardianship, Parental Responsibilities, psychological assessments, psychological bonds, R.C v H.S.C, stepparent rights, visitation rights Expanding Family Boundaries: Navigating Non-Biological Guardianship Rights – R.C v H.S.C (A5033/22) [2023] ZAGPJHC 219; 2023 (4) SA 231 (GJ). 1. Introduction In this case the High Court delved deeply into the intricacies of guardianship, contact, and care rights under the Children's Act, with a keen focus on the welfare… READ MORE
22/02/2024 Bertus Preller Appeal, Children, Costs, Mootness, Relocation awarding of costs, best interests of the child, child custody appeals, Child Relocation, family court decisions, family law appeals, High Court judgments, legal appeals, legal challenges in relocation, legal disputes over child care, legal implications of relocation, legal precedents in family law, legal strategies in family disputes, maintenance payments and custody, mootness in law, Parental Rights, punitive cost orders, South African Family Law, T.R v S.M Deciphering the Legal Labyrinth: T.R v S.M (035901/2023) [2024] ZAGPJHC 1745 (21 February 2024) and the Intricacies of Family Law Appeals Background In a recent judgment by the Gauteng Local Division of the High Court in Johannesburg, the case between T.R. (Applicant) and S.M. (Respondent) was deliberated. The Applicant sought leave… READ MORE
22/02/2024 Bertus Preller Appeal, Children, Mootness, Parental Rights, Procedural Law, Procedure best interests of the child, child custody appeal, child-centric approach, Children’s Court Randburg, contact order disputes, court's role in child welfare, custody and care arrangements, evolving family law practices, Family Advocate role, family dispute resolution, family law implications, forensic investigation for child's welfare, Gauteng High Court, interdisciplinary approach in custody cases, interim legal orders, judicial discretion in family cases, KA v KN, legal advocacy in custody cases, legal challenges in separation, legal precedents in custody cases, legal principles in custody, legal strategies in family law., mootness in law, new evidence on appeal, paramountcy principle in child law, Parental Rights, procedural norms in appeals, professional legal analysis, South African Family Law Navigating Child Custody Appeals: Insights from: KA v KN (A2023/055189) [2024] ZAGPJHC 147 (21 February 2024) and the Paramountcy of the Child’s Best Interests. In a case heard by the Gauteng Division of the High Court in Johannesburg, an appeal was lodged against a contact order originally granted by the Children’s Court in Randburg.… READ MORE
17/02/2024 Bertus Preller Adversarial Legal System, Arrears, Contempt of Court, Divorce, Interim Maintenance, Maintenance, Rule 43 child maintenance, child welfare, contempt of court, court authority, court judgments, court orders compliance, divorce disputes, divorce proceedings, enforcement of court orders, Family Court, Family Law, financial capacity, interim relief, legal advice, Legal Ethics, legal obligations, Legal proceedings, Legal Representation, legal sanctions, Legal Strategy, maintenance orders, matrimonial disputes, matrimonial litigation, non-compliance consequences, parental obligations, paternal grandparents, personal responsibility, Rule 43 Application, South African Law Contempt and Conduct in Divorce Disputes: Navigating the Thin Line Between Legal Obligations and Personal Responsibility. – J.S.H v M.S.H and Others (1308/2024) [2024] ZAWCHC 42 (16 February 2024). Background and Proceedings Initiated The case of J.S.H v M.S.H and Others, heard in the Western Cape High Court on 26 January 2024, under the judgment of Adhikari AJ, arose… READ MORE
16/02/2024 Bertus Preller Divorce, Procedural Law, Subpoenas abuse of process, administration of justice, attorney-client privilege, Burden of Proof, Case Law, challenge subpoena, compliance, contempt of court, court rules, dispute resolution, divorce subpoena, document production, evidence gathering, fair trial, judicial interpretation, Legal Disputes, Legal Framework, Legal Practitioners, legal privilege, Legal proceedings, privacy laws, relevance test, rights protection, Rule of Law, setting aside subpoena, South African Law, subpoena ad testificandum, subpoena duces tecum, subpoenas, Uniform Rules of Court, witness testimony Setting Aside a Subpoena in Divorce Proceedings: A Legal Analysis. In the realm of divorce litigation, the issuance and subsequent challenge to a subpoena duces tecum is a critical aspect that can significantly influence the course of proceedings. The purpose… READ MORE
12/02/2024 Bertus Preller Alimony, Alternative Dispute Resolution, Child Maintenance, Children, Divorce, Interim Maintenance, Maintenance, Parental Rights, Relocation, Rule 43, Spousal Maintenance achieving fair maintenance orders, calculating maintenance, child support, children's welfare in divorce, court analysis, discretion in family court, Divorce Litigation Costs, divorce proceedings, family court judicial decisions, family law insights, financial assistance impact, financial disclosure, financial obligations in divorce, good faith in legal proceedings, interim maintenance, legal obligations of parents, legal precedents in maintenance, legal strategy in family law, maintenance application guidance, maintenance disputes resolution, maintenance order implications, MD v RJD case, navigating divorce challenges, parental financial responsibility, primary residency rulings, reasonable parental contact, Rule 43, Rule 43 applications, South African Family Law Rule 43 Unpacked: Navigating Interim Maintenance in MD v RJD (053357/2022) [2024] ZAGPPHC 79 (5 February 2024). Introduction In the case of MD v RJD (053357/2022) ZAGPPHC 79 (5 February 2024), the Gauteng Division of the High Court delved into the complexities of interim maintenance for children… READ MORE
12/02/2024 Bertus Preller Alimony, Arrears, Children, Divorce, Maintenance, Muslim Marriages, Procedural Law, Rule 43, Spousal Maintenance audi alteram partem, civil marriage, contempt of court, court discretion, COVID-19 impact, divorce proceedings, family law disputes, financial hardship, Gois v Van Zyl, High Court judgement, interim maintenance, legal advice, Legal Costs, legal principles, Legal Representation, maintenance obligations, MEC v Ikamva Architects, procedural missteps, R.A v F.A, rescission application, Rule 43(6) order, Rule 45A, Sharia Law, South African Family Law, Strime v Strime, suspension of maintenance orders, Uniform Rules of Court, Urgent Application, Whitfield v Van Aarde Understanding the Suspension of Maintenance Orders: Insights from – R.A v F.A (14491/2020; 14490/2020; 19594/2021) [2024] ZAWCHC 35 (9 February 2024) – LEKHULENI J. Maintenance Disputes: Navigating Rule 43(6) Orders In the significant legal decision of R.A v F.A, delivered on 9 February 2024 by Lekhuleni J in the Western Cape High Court, the… READ MORE