10/02/2024 Bertus Preller Divorce, Procedural Law, Procedure, Universal Partnership amendment, amendment application, Asset Division, Court Directives, De Klerk v Du Plessis, defence preparation, divorce proceedings, excipiable issues, judicial decision, Judicial Service Commission v Cape Bar Council, legal amendments, Legal Analysis, legal objections, legal practice, Legal precedents, legal ruling, Legal Strategy, litigation, Manyatshe v South African Post Office, non-joinder, particulars of claim, PITMAN AJ, procedural fairness, profit motive, Smith v Conelect, South African Law, special plea, universal partnership Procedural Law – Amending a Particulars of Claim – M-B.F.M v H.P.N.P (5182/2022P) [2024] ZAKZPHC 8 (8 February 2024). Introduction to the Amendment Dispute In a noteworthy case, PITMAN AJ presided over a case that brought to the fore a contentious issue regarding the amendment of the particulars of… READ MORE
09/02/2024 Bertus Preller Costs, Division of Estate, Divorce, In Community of Property, International Divorce, International Divorce, Liquidator, Marital Regimes, Procedural Law Antenuptial Contract, Bertus Preller, cross-border marriage, divorce proceedings, expert evidence, F. Bezuidenhout AJ, financial disclosure, foreign marriage, full disclosure, immediate division, international private law, landmark case, legal precedent, legal principles, Lex Domicilii Matrimonii, matrimonial consequences, matrimonial disputes, matrimonial domicile, matrimonial law, matrimonial property, Matrimonial Property Act, MPA, new case, new judgement, procedural law, Rule 36(9), Rule 43 applications, South African Law, Substantive Law Deciphering L.E v L.A (1884/2018) [2024] ZAGPJHC 104 (9 February 2024): A Landmark Case on Foreign Marriages and South African Property Law. – 9 February 2024. Introduction to the Case In a landmark decision that navigates the intersection of matrimonial law and international private law, the High Court of South Africa, Gauteng Division, Johannesburg, was presented… READ MORE
09/02/2024 Bertus Preller Alimony, Divorce, Maintenance, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance assessment of financial needs, clean hands doctrine, court discretion, disclosing financial information, divorce court orders, divorce financial obligations, divorce proceedings, equitable relief, financial deceit in divorce, financial disclosure, financial transparency, honesty in legal proceedings, inheritance disclosure, interim maintenance, interim relief, judicial fairness, legal costs in divorce, Legal Ethics, legal obligations in divorce, legal strategies in divorce, maintenance orders, Marital Assets, marital financial disputes, NZIWENI J, Rule 43 applications, savings disclosure, South African Family Law, spousal support, striking applications, transparency in divorce, Uniform Rules of Court Unlocking Fairness in Divorce: The Critical Role of Full Disclosure in Rule 43 Applications. – C.A v H.A (5578/2022) [2024] ZAWCHC 25 (6 February 2024). Introduction In the case of C.A vs. H.A, brought under Rule 43 of the Uniform Rules of Court, the applicant sought interim maintenance for herself while awaiting the finalisation of… READ MORE
06/02/2024 Bertus Preller Adultery, Child Maintenance, Costs, Divorce, Forfeiture of Benefits, Pension Funds A.R.S vs M.S.S, academic achievements in marriage dynamics, academic qualifications impact, allegations of adultery, benefits forfeiture, child maintenance South Africa, child welfare considerations, community of property adjustments, community property division, division of marital property, divorce analysis South Africa, equitable division in divorce, Family Law, Financial contributions, financial implications of divorce, Government Employees Pension Fund rights, infidelity impact on divorce, legal case insights, legal principles in divorce, legal strategies in divorce, maintenance disputes, marital misconduct, parental responsibilities and rights, pension interest dispute, Polokwane High Court decision, property rights divorce, Rule 43 applications, SIKHWARI AJ judgement, South African Breweries pension Navigating Divorce: A.R.S (born K) v M.S.S (2427/2021) [2024] ZALMPPHC 10 (30 January 2024) and Forfeiture Insights. Introduction and Background of the Case In the matter of A.R.S (born K) vs M.S.S (2427/2021) ZALMPPHC 10, delivered on 30 January 2024 by SIKHWARI AJ, the plaintiff initiated divorce… READ MORE
05/02/2024 Bertus Preller Alimony, Children, Costs, Divorce, Parental Rights, Rule 43 Cost Contributions, Spousal Maintenance bonding therapy, child best interests, child care, Child Custody, Children's Welfare, contact arrangements, contribution to costs, court order, court rulings Rule 43, divorce proceedings, Family Court, family dynamics, Family Law, family law analysis, family law disputes, financial responsibilities, forensic assessment, interim maintenance, judicial fairness, Legal Analysis, legal contributions, Legal Costs, Legal proceedings, legal strategies, maintenance contribution, Parental Responsibilities, Parental Rights, primary residence, South African Family Law, T E v V E, Von Ludwig AJ Navigating Family Dynamics: A Comprehensive Analysis of a Rule 43 Application. – T E v V E (2023/021747) [2024] ZAGPJHC 94 (2 February 2024). Introduction: The Complexity of Rule 43 Applications Rule 43 applications serve as a pivotal yet challenging facet of divorce proceedings, offering a singular affidavit to each litigant to encapsulate a… READ MORE
02/02/2024 Bertus Preller Anti-Dissipation Interdicts, Divorce, Hiding Assets AB v JB [2016] ZASCA 93; 2016 (5) SA 211 (SCA), alternative remedies, anti-dissipation interdict, anti-dissipation interdicts, anti-dissipation interdicts in divorce cases, asset dissipation, asset management, asset protection, balance of convenience, Carmel Trading case, Carmel Trading Company Ltd v Commissioner for the South African Revenue Services and Others (447/07) [2007] ZASCA 160; [2008] 2 All SA 125 (SCA); 2008 (2) SA 433 (SCA), Cases on dissipation of assets, concealing assets, Dissipation Interdict, divorce law evolution, divorce proceedings, equitable asset distribution, fair settlements, financial practices, Financial Settlements, financial transparency, interim relief, irreparable harm, judicial process, Knox D’Arcy case, Knox D’Arcy Limited v Jamieson [1996] ZASCA 58; 1996 (4) SA 348 (A), Langebrink v Langebrink 2017 JDR 1059 (GJ) and Gernetzky v Gernetzky [2007] JDR 0247 (E), Legal Framework, legal implications, Legal precedents, Legal Requirements, Mareva injunctions, Marital Assets, matrimonial law, Msunduzi Municipality case, Msunduzi Municipality v Natal Joint Municipal Pension Fund 2007 (1) SA 142 (N), negotiation dynamics, prima facie right, RS v MS 2014(2) SA 511 GSJ, safeguarding assets, SR v DR and Another (2980/2007) [2022] ZAGPJHC 172 Safeguarding Marital Assets: The Crucial Role of Anti-Dissipation Interdicts in Divorce Proceedings. Understanding Anti-Dissipation Interdicts An anti-dissipation interdict is an order that prevents a person from disposing of or concealing assets during divorce proceedings. Unlike Mareva injunctions, which prevent a defendant from… READ MORE
02/02/2024 Bertus Preller Appeal, Mootness, Procedure admissibility, appeals, appellate proceedings, civil union, Court Rulings, customary marriage, division of estate, finality in trials, hearsay evidence, Herbstein and Van Winsen, jurisprudence, Legal Framework, Legal precedents, legal principles, lobola, Marital Disputes, matrimonial benefits, matrimonial property, mootness doctrine, N B v T B, Narius Moloto v The Pan Africanist Congress Of Azania, new evidence, practical effect, South African Law, Superior Courts Act, ZAECMHC Navigating Marital Disputes and New Evidence in Appeals: Insights from N B v T B and Another. – N B v T B and Another (2669/2021; CA 81/2022) [2024] ZAECMHC 8 (30 January 2024), also cited as N.P.B v T.I.B and Another – Appeal (CA 81/2022) [2024] ZAECMHC 4 (30 January 2024). Introduction In the case of N B v T B and Another (2669/2021; CA 81/2022) ZAECMHC 8 (30 January 2024), the court was presented with an appeal against the decision… READ MORE
02/02/2024 Bertus Preller Children, Parental Rights, Relocation, Views of the Child child welfare, Children's Best Interests, Children's Welfare, children's act, Constitutional Rights, court decision, cross-border parenting, custody arrangements, emotional stability, family court decisions, family dynamics, Family Law, family relocation, international custody, international move, judicial considerations, Legal Analysis, Legal Framework, legal guidance, Legal precedents, Legal Strategy, minor children relocation, parental consent, Parental Responsibilities, Parental Rights, relocation cases, shared parenting, travel consent, visitation rights Navigating Family Dynamics: Granting Relocation Orders for Minor Children’s Best Interests. – H F v P F ; In Re: E F and Others (2022/028593) [2024] ZAGPJHC 88 (31 January 2024). Introduction to the Interim Removal Application for Minor Children On 21 June 2023, NDLOKOVANE AJ delivered a pivotal order addressing the contested interim removal of three minor children, aged 14,… READ MORE
01/02/2024 Bertus Preller Customary Marriages constitutional values, cultural diversity, cultural practices, customary law, customary marriages, dignity, equality, estate administration, estate executrix, Family Law, inheritance, judicial decisions, Khashane v Minister of Home Affairs, legal challenges, Legal Framework, legal interpretation, legal precedent, Legal Procedures, Legal Protection, legal recognition, lobola negotiations, marital rights, marriage registration, posthumous registration, Recognition of Customary Marriages Act, South African Law, spousal rights, surviving spouse rights, traditional marriages Securing Rights Beyond Life: The Landmark Case for Posthumous Registration of Customary Marriages in South Africa. – Khashane v Minister of Home Affairs and Others (052246/2023) [2024] ZAGPPHC 3 (12 January 2024). Introduction to the Application for Posthumous Registration of a Customary Marriage In the case of Khashane v Minister of Home Affairs and Others (052246/2023) ZAGPPHC 3 (12 January 2024), the… READ MORE
01/02/2024 Bertus Preller Division of Estate, Divorce, In Community of Property, Liquidator asset management in divorce, bias in estate division, division of assets, divorce and asset division, divorce and property rights, divorce case study, divorce court duties, divorce proceedings, divorce settlement agreement, equitable asset distribution, equitable division principles, estate liquidation process, family law insights, impartiality in asset division, joint estate division, judicial oversight, legal authority of liquidators, legal challenges in divorce, legal framework for divorce, legal precedents in divorce, liquidator role, marital property act, matrimonial estate division, matrimonial property, powers of liquidator, protecting divorcing parties, resolving marital disputes, safeguarding fairness, South African Family Law Navigating Divorce: The Role of Liquidators / Receivers in the Division of Joint Estates. – S.S.M v P.J N.O and Another (15515/2017) [2023] ZAGPPHC 2024 (18 December 2023). Introduction to the Case and Parties Involved In the matter of S.S.M v P.J N.O and Another (15515/2017) ZAGPPHC 2024 (18 December 2023), the Gauteng Provincial Division of the High… READ MORE