21/04/2025 Bertus Preller Division of Estate, Divorce, Forfeiture of Benefits, Pension Funds, Recission of Divorce Orders community of property, court discretion, divorce act section 9, divorce costs, divorce judgment, divorce proceedings, divorce settlements, extramarital affairs, family law South Africa, financial abuse marriage, financial misconduct, Forfeiture of benefits, Gauteng High Court, High Court Judgment, justice kooverjie, legal precedent, Marital Assets, marriage breakdown, matrimonial property, partial rescission, pension claims, Pension Forfeiture, pension interests divorce, Property Division, South African divorce law, spousal misconduct, substantial misconduct, undue benefit, wijker test Marriage Misconduct Costs Husband Dearly: Court Orders Forfeiture of Property and Pension Benefits in M.J.L v L.O.L (22341/19; A288/2023) [2025] ZAGPPHC 331 (27 March 2025). Background: The Marriage and Subsequent Divorce Proceedings The recent High Court judgment in M.J.L v L.O.L (22341/19; A288/2023) ZAGPPHC 331 (27 March 2025) provides valuable insights into how South African… READ MORE
18/04/2025 Bertus Preller Arrears, Contempt of Court, Costs, Maintenance, Procedural Law, Variation application proceedings, best interests of children, changed financial circumstances, child support, Civil Contempt, constitutional right of access to courts, contempt of court, Court Order Compliance, enforcement mechanisms, eviction risk, family home, Judicial Discretion, leave to appeal, maintenance arrears, maintenance beneficiaries, maintenance enforcement, maintenance obligations, Maintenance Order, mala fides, Parker AJ, periodic imprisonment, Plascon Evans test, purging contempt, South African Family Law, Superior Courts Act, Suspended Sentence, Variation Application, Western Cape High Court, willful non-compliance Contempt Before Variation: E.W v V.T.H (Leave to Appeal) (7333/2024) [2025] ZAWCHC 162 (11 April 2025). Background to the E.W v V.T.H Contempt Application The case of E.W v V.T.H (Leave to Appeal) (7333/2024) ZAWCHC 162 (11 April 2025) highlights the ongoing tension between maintenance obligations… READ MORE
17/04/2025 Bertus Preller ab initio, Divorce, Marriage, marriage registration, Nullity of marriage, Procedural Law, void marriage ab initio, accrual system, civil marriage, cohabitation, common law presumption, declaratory order, High Court Judgment, Identification Act, Judge Nxumalo, legal certainty, legal formalities, Marriage Act, marriage ceremony, marriage certificate, marriage officer, marriage register, marriage registration, marriage validity, matrimonial disputes, matrimonial property, Northern Cape Division, nullity of marriage, prima facie evidence, rebuttable presumption, South African marriage law, South African matrimonial law, stated case, subsequent marriage, void ab initio, void marriage Marriage Not Registered, Marriage Not Valid: High Court Rules in M.W v C.W (2462/2019) [2025] ZANCHC 34 (11 April 2025). Background of the M.W v C.W Case: A Marriage Validity Dispute The case of M.W v C.W (2462/2019) ZANCHC 34 (11 April 2025) centers around a complex matrimonial dispute that… READ MORE
17/04/2025 Bertus Preller Appeal, Division of Estate, Divorce, Procedural Law, Recission of Divorce Orders Cape Town High Court, Court Jurisdiction, divorce order, final judgment, Firestone principle, functus officio, gross irregularity, in community of property, joint estate division, judicial authority, Judicial Review, legality review, magistrates court, PAJA, Property Division, Receiver appointment, review application, Superior Courts Act, Trencon substitution, Western Cape When Magistrates Overreach: G.W.X. v Magistrate of Western Cape Blue Downs Mashala N.O & Another (17268/2024) [2025] ZAWCHC 142 (27 March 2025). Background to the Review Application: The Divorce Orders in Question The recent Western Cape High Court judgment in G.W.X. v Magistrate of Regional Division of Western Cape Blue Downs Mashala… READ MORE
09/04/2025 Bertus Preller Alimony, Costs, Divorce, Maintenance, Rule 43, Rule 43 Cost Contributions accrual system, Acting Judge Pretorius, constitutional rights in divorce, contribution to legal costs, Divorce Litigation Costs, divorce proceedings, duty of support, equality before the law, Equality of Arms, expert fees in divorce, Family Law, financial disclosure, financial non-disclosure, financial transparency, forensic accounting, Gauteng High Court, high net worth divorce, interim maintenance, legal precedent, maintenance pendente lite, matrimonial property, Qatar Airlines pilot, Rule 43 Application, Rule 43 principles, South African divorce law, spousal maintenance, standard of living, stay-at-home spouse High Court Judgment Clarifies Rule 43 Relief in Wealthy Divorces: M.C D.C.R v A.P.W.R (2024 075727) [2025] ZAGPJHC 307 (19 March 2025). Background to the Rule 43 Application: Interim Maintenance Pending Divorce The case of M.C D.C.R v A.P.W.R (2024 075727) ZAGPJHC 307 (19 March 2025) revolves around a Rule 43 application… READ MORE