29/06/2024 Bertus Preller Adversarial Legal System, Emotional Intelligence, Hostile Family Lawyers active listening, attorney well-being, Child Custody, client advocacy, Client Relationships, client satisfaction, communication skills, Conflict Resolution, courtroom performance, Divorce, emotional awareness, emotional intelligence, empathy, family disputes, Family Law, high-conflict cases, lawyer effectiveness, lawyer-client trust, Legal Education, Legal Ethics, legal outcomes, legal practice management, legal professionalism, Legal Strategy, Mediation, negotiation, professional development, self-regulation, stress management Mastering Emotional Intelligence: The Game-Changer for Family Lawyers. Emotional Intelligence: A Key Skill for Family Lawyers Family law practitioners, despite their best intentions and legal expertise, often fall prey to common pitfalls that can significantly impact their effectiveness… READ MORE
24/06/2024 Bertus Preller Alimony, Child Maintenance, Children, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43, Spousal Maintenance Access to Justice, Bannatyne v Bannatyne, best interests of the child, care and contact arrangements, Cary v Cary, child maintenance, Children’s Act 38 of 2005, cost contribution orders, divorce proceedings, Du Preez v Du Preez, financial disclosure, financial transparency, Gender Equality, high-net-worth divorces, high-stakes divorce, interim maintenance, interim relief, L.E.A v A.J.A, Legal Costs, luxurious lifestyle, Mahikeng, maintenance claims, North-West Division High Court, Rule 43 Application, Section 28 Constitution, South African Law, Taute v Taute, trusts and business interests, WT v KT Balancing Luxury and Justice: High-Stakes Divorce and Child Maintenance in L.E.A v A.J.A (990/2024) [2024] ZANWHC 142 – (21 June 2024). Background: A High-Stakes Rule 43 Application Imagine a prominent business executive, Mr. A.J.A, and his spouse, Mrs. L.E.A, who live a life of luxury in a R25 million home, frequently… READ MORE
22/06/2024 Bertus Preller Abduction, Best Interests of the Child, Children, Emotional Abuse, Hague Convention on the Civil Aspects of International Child Abduction, Parental Rights, Procedural Law, Psychological Abuse, Relocation Article 13(b), best interests of child, Central Authority, child abduction, constitutional law, cross-border custody, developmental delays, evidentiary standards, grave risk exception, habitual residence, Hague Convention, international family law, international treaties, Judicial Discretion, post-partum depression, prompt return principle, Protective Measures, South Africa, Supreme Court of Appeal, undertakings Solomon’s Dilemma in the Digital Age: SCA Navigates International Child Abduction in C.A.R v Central Authority (737/2023) [2024] ZASCA 103 (21 June 2024). Background of the Case: What Led to the Supreme Court of Appeal? In the annals of legal history, cases involving child custody (care and contact) often evoke the wisdom of… READ MORE
21/06/2024 Bertus Preller Alimony, Divorce, In Community of Property, Maintenance, Spousal Maintenance Asset Division, clean break principle, costs award, court discretion, Divorce Act, divorce settlement, earning capacity, financial planning, financial security, financial vulnerability, Gender Equality, health considerations, holistic approach, Judicial Discretion, legal precedent, life-long maintenance, long-term marriage, Marital Assets, medical aid, pension benefits, permanent maintenance, post-divorce living standards, procedural flexibility, quality of life, rehabilitative maintenance, retirement funds, South African divorce law, spousal support, witness credibility Life-Long Spousal Maintenance Upheld: M.T v E.T (8197/2018) [2024] ZAGPJHC 578 (20 June 2024). Background: A 28-Year Marriage Comes to an End The case of M.T v E.T (8197/2018) ZAGPJHC 578 (20 June 2024) presents a moving tale of a long-term marriage's dissolution and… READ MORE
19/06/2024 Bertus Preller Accrual Calculation, Adversarial Legal System, Alimony, Alternative Dispute Resolution, Division of Estate, Divorce, Grey Divorce, In Community of Property, Maintenance, Pension Funds, Reasons for Dicorce, Spousal Maintenance Alternative Dispute Resolution, Antenuptial Contracts, arbitration, Asset Division, Collaborative Divorce, Divorce Act 70 of 1979, Divorce Attorney, divorce settlements, Emotional Challenges, emotional well-being, estate planning, Family Law, Financial Advisors, financial considerations, Grey Divorce, legal guidance, Marital Property Regimes, Mediation, Pension Funds, Retirement Planning, Self-care, South Africa, spousal maintenance, Tax Professionals Navigating the Complexities of Grey Divorce in South Africa: A Comprehensive Guide. Introduction Navigating the complexities of divorce is never an easy task, but for those over the age of 50, the challenges can be particularly daunting. In South Africa, the phenomenon… READ MORE
17/06/2024 Bertus Preller Appeal, Best Interests of the Child, Children, Parental Rights, Procedure appealable order, best interests of children, care assessment, Case No: 3358/2024, children's act, contact assessment, DR v NM and RL, Family Advocate, Girdwood v Girdwood, interlocutory order, Kotze v Kotze, leave to appeal, Minor Children, parenting plan, S v Notshokovu, Superior Courts Act, Supreme Court ActDR v NM and Another (3358/2024) [2024] ZAWCHC 69 - (7 June 2024), Tshwane City v Afriforum, upper guardian, Western Cape High Court DR v NM and RL: Western Cape High Court Upholds Best Interests of Children in Dismissing Leave to Appeal of DR v NM and Another (3358/2024) [2024] ZAWCHC 69 – (7 June 2024). Introduction In a recent judgment, the Western Cape High Court dismissed an application for leave to appeal brought by the first respondent against an order directing the Office of the… READ MORE
15/06/2024 Bertus Preller Adoption, Best Interests of the Child, Child Maintenance, Children, Maintenance, Parental Rights 3 June 2024, A25/2024, adoption process, best interests of the child, child protection, child welfare, child-centric approach, Children’s Act 38 of 2005, Constitutional Rights, Contemporary Society, de facto adoptions, duty of support, emotional bond, familial arrangements, Family Law, High Court, informal adoptions, Legal Framework, legal obligations, legal recognition, Legal Technicalities, maintenance obligations, parental care, Parental Responsibilities, R S v J S and Others, South African Law, voluntary assumption, ZAWCHC 83 Embracing the Best Interests of the Child: A Legal Analysis of De Facto Adoptions and Maintenance Obligations in R S v J S and Others (A25/2024) [2024] ZAWCHC 83 (3 June 2024). Factual Matrix and Procedural History: A Comprehensive Overview of R S v J S and Others (A25/2024) ZAWCHC 83 (3 June 2024) The judgment of R S v J S… READ MORE
13/06/2024 Bertus Preller Accrual Calculation, Anti-Dissipation Interdicts, anti-dissipatory relief, Appeal, Divorce, Procedural Law accrual system, anti-dissipation interdict, appealability, asset dissipation, constitutional values, constitutionalization, Divorce, evidentiary threshold, exceptional circumstances, fair outcomes, Family Law, intentions, interests of justice, interim orders, judicial accountability, KSL v AL, legal developments, legal principles, marital property, matrimonial disputes, precedents, rule 34 offers, settlement negotiations, South African Law, strategic litigation, Supreme Court of Appeal The SCA Unraveling the Intricacies of Anti-Dissipation Interdicts in Matrimonial Disputes: Lessons from KSL v AL (356/2023) [2024] ZASCA 96 (13 June 2024). The Lowdown: Facts and Background of KSL v AL (356/2023) ZASCA 96 (13 June 2024) The saga of KSL v AL began when KSL (the husband) tied the knot with… READ MORE
12/06/2024 Bertus Preller Best Interests of the Child, Child maintenance against a deceased estate, Children, Costs, Exceptions, Maintenance, Maintenance Claims On Death, Procedure actuarial reports, best interests of the child, child maintenance, child support, children’s act, common law duty, Constitution Section 28(2), court analysis, Court Rulings, deceased estates, estate disputes, estate management, estate obligations, executors’ responsibilities, Family Law, Family Law cases, family law framework, financial needs, L.L v A.J.M, legal interpretation, legal obligations, Legal precedents, legal principles, maintenance calculations, maintenance claims, maintenance law, parental duty, South African Family Law, ZAGPPHC 523 Maintenance Claims Against Deceased Estates: Analysis of L.L v A.J.M and Others (014357/2022) [2024] ZAGPPHC 523 (7 June 2024). Background and Context of the Case The case L.L v A.J.M and Others (014357/2022) ZAGPPHC 523 (7 June 2024) involves a dispute over the maintenance claims made by L L,… READ MORE
12/06/2024 Bertus Preller Antenuptial Contracts, Customary Law, Customary Marriages, Marital Regimes 25007/2022, accrual system, Antenuptial Contract, arbitrary deprivation, black women, civil marriage, community of property, constitutional scrutiny, customary marriage, financially weaker spouses, Gender Equality, JRM v VVC and Another, judicial oversight, legislative reform, Matrimonial Property Act, Matrimonial Property Regime, racial equality, Recognition of Customary Marriages Act, unfair discrimination Protecting the Vulnerable: JRM v VVC and Another (25007/2022) Exposes the Need for Judicial Oversight in Customary Marriage Property Regimes. The Conundrum: Validity of an 'Antenuptial Contract' Concluded Post-Customary Marriage In the recent case of JRM v VVC and Another (25007/2022), the Gauteng Division of the High Court, Pretoria, grappled… READ MORE