31/01/2025 Bertus Preller Alimony, Best Interests of the Child, Child Maintenance, Children, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Procedural Law, Rule 43, Rule 43 Cost Contributions, Rule 58, Spousal Maintenance, Variation, Variation Rule 43(6) best interests of the child maintenance, burden of proof maintenance, child maintenance law, cohabitation and maintenance, constitutional rights in maintenance, court reasoning in maintenance cases, ex-spouse financial obligations, family law court precedents, financial disclosure in divorce, financial hardship maintenance claims, interim maintenance orders, interim relief family law, KLW v CSW 2025, legal challenges in maintenance reduction, legal precedent in family law, maintenance case law, maintenance disputes South Africa, maintenance law developments, maintenance obligations in divorce, maintenance variation case, Rule 43 South Africa, Rule 43(6) application, Rule 43(6) maintenance, Rule 43(6) precedents, South African divorce maintenance, South African Family Law, spousal maintenance disputes, variation of maintenance orders Legal Uncertainty in KLW v CSW (202035177) [2025] ZAGPJHC 41 (22 January 2025): A Reassessment of Rule 43(6) and Maintenance Variation in South African Law. Introduction The judgment in KLW v CSW (202035177) ZAGPJHC 41 raises important questions regarding the application of Rule 43(6) of the Uniform Rules of Court and the judicial approach to… READ MORE
30/01/2025 Bertus Preller Costs, Divorce, Financial Disclosure, Procedural Law, Section 7 Matrimonial Properties Act accrual system, acting justice friedman, asset declaration, Asset Disclosure, beneficial ownership, catch-me-if-you-can principle, company assets, constitutional powers, corporate structures, disclosure obligations, divorce litigation, divorce procedure, divorce proceedings, divorce tactics, financial disclosure, financial transparency, Gauteng High Court, High Court Judgment, interlocutory applications, Judicial Discretion, legal precedent, matrimonial law, matrimonial property, Matrimonial Property Act, Practice Directive, Rule 33(4), Rule 43, section 7 notice, separation application, South African Law, Trust assets Playing Hide and Seek with Assets? High Court Says ‘Game Over!’ – D.M v D.M (2021 043212) [2025] ZAGPJHC 31 (28 January 2025). The Novel Question: When Must a Spouse Comply with a Section 7 Notice? When it comes to financial disclosure in divorce proceedings, some spouses treat their assets like a magician's… READ MORE
23/01/2025 Bertus Preller Best Interests of the Child, Children, Parental Rights, Same Sex Couples best interests of child, blended families, child welfare, children's rights, children's act, Civil Union Act, Constitutional Rights, contact arrangements, Contact rights, court appointed experts, custody arrangements, drug assessment, educational evidence, expert evidence, Family Advocate, Family Court, Family Law, family relationships, joint custody, joint expert minute, Judicial Discretion, legal precedent, Parental Rights, psychiatric evaluation, Same-Sex Marriage, South African Law, surrogacy, teacher testimony, upper guardian, Western Cape High Court Best Interests of Children Triumph Over Expert Recommendations: D.R v N.M and Another (3358/24) [2025] ZAWCHC 12 (23 January 2025). Introduction: A Modern Family's Legal Journey in the Western Cape High Court In a landmark judgment delivered electronically on 23 January 2025, the Western Cape High Court grappled with complex… READ MORE
20/01/2025 Bertus Preller Best Interests of the Child, Children, Curator Ad Litem, Grandparents Rights, Guardianship, International Travel, Relocation, Views of the Child best interests of the child, child welfare, Children’s Act 38 of 2005, children’s rights, co-guardianship, cultural identity, curator ad litem, expert evidence, Family Advocate, family dynamics, family law judgment, financial stability, guardianship, guardianship disputes, high-conflict disputes, JB J v EH B, Judicial Discretion, legal precedent, Legal Representation, LR J and Another case, Parental Responsibilities, Parental Rights, relocation, relocation applications, relocation to Scotland, South African Family Law, stability in family law, supervised contact, supervised reintegration, trust funds Guardianship and Relocation Disputes in Focus: LR J and Another; In Re: JB J v EH B and Others (2024-024281) [2025] ZAGPJHC 11 (14 January 2025. Introduction to the Case: Background and Legal Context The case LR J and Another; In Re: JB J v EH B and Others (2024-024281) ZAGPJHC 11 (14 January 2025) highlights… READ MORE
20/01/2025 Bertus Preller Adversarial Legal System, Alternative Dispute Resolution, Anti-Dissipation Interdicts, anti-dissipatory relief, Asset Disclosure, Division of Estate, Divorce, Financial Disclosure, Hiding Assets, Maintenance, Procedural Law, Punitive Cost Orders, Rule 43, Rule 43 Cost Contributions, Rule 58 Alternative Dispute Resolution, asset dissipation, court enforcement, divorce proceedings, early disclosure, equitable outcomes, Family Law, financial asymmetry, financial disclosure, financial disclosure forms, financial fraud, financial information gap, financial transparency, Gauteng Practice Directive, Gender Equality, Maintenance Act, maintenance disputes, Marital Assets, marital estate, matrimonial property, Mediation, POPI compliance, privacy concerns, procedural reform, South Africa, South African Law Reform Commission, spousal maintenance, Trust assets, uberrimae fidei The Financial Information Gap in Family Law: Addressing Inequities and Reforming Disclosure Practices. The Financial Information Gap: Understanding the Core Problem in Family Law Matters The landscape of family law in South Africa faces a critical challenge rooted in the asymmetrical access to… READ MORE
09/01/2025 Bertus Preller Artificial Intelligence access to justice AI, AI court resources, AI hallucination loop, AI in legal practice, AI legal accuracy, AI legal ethics, AI legal hallucinations, AI risks in law, AI-generated case law, case law verification, ChatGPT legal errors, digital divide in legal tech, digital legal tools, domain-specific AI, ethical AI use, ethical duties lawyers, fake legal citations, law and AI integration, legal AI challenges, legal AI South Africa, legal AI tools, legal credibility risks, legal tech innovations, Mavundla case, phantom citations, South African case law, South African Law, verified legal datasets AI on Trial: The Mavundla Case and the Curious Case of Phantom Citations. The Dangerous Allure of AI-Generated Legal Citations: Understanding the Mavundla Case - Or How Not to Let ChatGPT Play Judge The recent judgment in Mavundla v MEC Department of Co-Operative… READ MORE