30/11/2023 Bertus Preller Divorce, Pension Funds, Settlement agreements asset distribution in divorce, attorney diligence, consent paper interpretation, contract integrity in settlements, divorce negotiation strategies, divorce order variation, divorce settlements, Family court rulings, family law case studies mANTAME j, legal precedent in divorce, legal representatives' conduct, Lekhuleni J, M.D vs N.D, maintenance order variation, matrimonial law implications, matrimonial property division, pension interest division, post-divorce financial adjustments, settlement agreement analysis, South African Family Law Legal Precision in Divorce Settlements: Lessons from the M.D v N.D – Appeal (A176/2023) [2023] ZAWCHC 304 (29 November 2023) on Pension Interests and Attorney Conduct. The Facts of the Case: A Detailed Overview This Appeal in the western Cape High Court presented a complex scenario involving the variation of a divorce order, particularly focusing on… READ MORE
30/11/2023 Bertus Preller Costs, Divorce, Financial Disclosure, Hiding Assets, International Divorce Appeal Process, Asset Concealment, Co-ownership, Court Rulings, Divorce, Family Law, Financial Disputes, Legal Consequences South African Law, legal obligations, Legal Perspective, Legal precedents, Legal Representation, Legal Strategy, maintenance claims, Marital Assets, Namibian Law, Property Division, Property Transfer, Public Policy, Trust Agreements Divorce and Deception: A Landmark Case on Hidden Assets and Legal Consequences – Insights from Namibian Law: Oberholzer v Loots and another (SA 33-2021) NASC [2023] (22 November 2023) Background and Relationship between the Parties The Appellant and the Respondent were involved in a personal relationship. During this period, they lived together and were engaged in the management and… READ MORE
29/11/2023 Bertus Preller Children, Guardianship, Parental Rights, Relocation Article 13(b), child best interests, Child Custody, child protection, child return, child welfare, Constitutional Court, cross-border custody, Family Court, Family Law, Hague Convention, international abduction, international law, legal interpretation, legal judgement, legal precedent, Parental Rights, psychological harm, South Africa, UK Constitutional Court’s Insightful Interpretation of the Hague Convention’s Article 13(b) in a Pivotal International Child Custody Case – Ad Hoc Central Authority for RSA and Another v Heidi Nicole Koch N.O. and Another [2023] ZACC 37. FACTS This case involves a complex international child custody dispute under the Hague Convention on the Civil Aspects of International Child Abduction. Here is a summary of the key facts:… READ MORE
29/11/2023 Bertus Preller Accrual Calculation, Alimony, Costs, Divorce, Financial Disclosure, International Divorce, International Divorce, Spousal Maintenance Cross-Border Complexities in High-Net-Worth Divorce: An In-Depth International Case Study from South Africa. – AG v YG (3932/2016) [2023] ZAWCHC 147. Introduction to the Case The case in question, a highly contentious divorce, began when the wife-initiated proceedings against her husband on 7 March 2016. After numerous interlocutory applications and delays,… READ MORE
28/11/2023 Bertus Preller Abuse, Adultery, Alternative Dispute Resolution, Children, Cohabitation, Counselling, Divorce, Divorce Statistics, Infidelity, Marriage, Reasons for Dicorce Bertus Preller, Building Strong Relationships, Conflict Resolution, Couples Counseling, Divorce Lawyer Insights, Emotional Wisdom, Family Law, Intimacy Issues, Love and Commitment, Marital Advice, Marriage and Divorce, Matrimonial Guidance, Navigating Relationships, Personal Growth, Relationship Challenges, Relationship Communication, Relationship Guide, South African Author, The Unexpected Counsellor Navigating the Seas of Relationships: Unveiling ‘The Unexpected Counsellor’ by Bertus Preller. Introduction As a seasoned divorce lawyer and an ardent photographer, I have often found parallels between the precision required in capturing a perfect shot and navigating the intricate intricacies of… READ MORE
27/11/2023 Bertus Preller Children, Parental Rights, Views of the Child Child Custody, child development post-divorce, child welfare, child-focused custody, Child's Best Interests, co-parenting challenges, co-parenting dynamics, divorce and children, divorce order amendment, Family court rulings, Family Law, family law litigation, Judicial Discretion, new family law cases, parental guidance in divorce, Parental Responsibilities, parenting plan, parenting stability, post-divorce parenting, routine in child development, South African Family Law Insights from the Bench: Navigating Post-Divorce Parenting and Child’s Best Interests. – L.B v LAE (8551/2022) [2023] ZAGPPHC 1265 (21 November 2023). Erasmus AJ Background This case revolved around the amendment of a parenting plan and a divorce order concerning the contact between the applicant (father) and the minor child, AMB. The… READ MORE
24/11/2023 Bertus Preller Adultery, Divorce, Infidelity, Prescription affair with mistress, Asset Concealment, community of property, court case, court judgment new family law case, credibility assessment, divorce implications, evidence analysis, extramarital affair, financial dispute, investment withdrawal, Legal Costs, Legal proceedings, loan vs donation, marital deceit, marriage law, mistress involvement, prescription act, South African legal drama, WhatsApp evidence Love, Deceit, and Money: The Legal Tangle of a South African Husband, Wife, and Mistress. – H.W and Another v R.S (18246/2019) [2023] ZAGPJHC 1354 (24 November 2023). Introduction The case in question delved into a tangled legal narrative encompassing marital infidelity, financial dealings, and the classification of funds transferred in the milieu of an extramarital relationship in… READ MORE
24/11/2023 Bertus Preller Children, Parental Rights best interests, biological father, bonding therapy, Child Custody, children's act, co-parenting communication, emotional well-being, Family Court, interim contact, Latest Family Law Cases, Legal proceedings, Legal Representation, minor care, primary residence, safe haven, secure attachment, sexual abuse, social worker reports, therapeutic consultation, Urgent Application Understanding the Nuances of Child Custody: A Detailed Analysis of a Recent Interim Contact Case – M.D.B and Another v C.N (2023-113226) [2023] ZAGPPHC 1913 (17 November 2023). Introduction The judgment by Van der Schyff J involved applicants seeking interim contact with a minor child, M, who was previously under their care. The case was presented in the… READ MORE
24/11/2023 Bertus Preller Alimony, Divorce, Interim Maintenance, Maintenance, Rule 43 Adams J order, Alimony adjustment, child support, Court judgment analysis, divorce proceedings, Family court rulings, financial disclosure, financial transparency, Income reassessment, Legal financial examination, Legal financial scrutiny, legal precedent, Maintenance litigation, Maintenance order change, Maintenance reassessment, Material change in circumstances, Nkutha-Nkontwana J, Rule 43 variation, South African Family Law, spousal maintenance Navigating Financial Disclosure: The Turning Tide in Maintenance Variation Cases – Rule 43(6) – B.W.H v S.A.H (22802/2021) [2023] ZAGPJHC 1348 (21 November 2023). Facts of the Case In this intricate legal matter, a husband (the applicant) sought a retrospective variation of a maintenance order previously issued by Adams J under Rule 43 of… READ MORE
23/11/2023 Bertus Preller Arrears Asset Concealment, Asset Discovery, Cheetah Banknotes, Court Proceedings, divorce case, divorce proceedings, Family Law, Financial Disputes, financial investigation, interim maintenance, legal battle, Legal Complexity, Legal Drama Rule 43, Legal Strategy, Mandela Coins, Marital Assets, Marital Disputes, Personal Belongings, South African Law, staying subpoena, Subpoena Uncovering Hidden Treasures in Divorce Disputes: The Tale of Mandela Coins and Mysterious Cheetah-Adorned Banknotes. Staying a Rule 43 Application. Wille J Background and Nature of the Case The case involved an application for a temporary stay of proceedings while an application to set aside a subpoena by a third… READ MORE