07/11/2026 Bertus Preller Appeal, Article 13(b) grave risk, Automatic Appeals under Section 18(4), Best Interests of the Child, Execution Pending Appeal, Hague Convention Age Limit (Article 4), Hague Convention on the Civil Aspects of International Child Abduction, International Family Law, Protective Measures and Mirror Orders, Stay of execution, Views of the Child Article 13(b), Article 4 Hague Convention, Australia child abduction, best interests of the child, Central Authority South Africa, Chafin v Chafin, child over 16, Children's Act section 10, Children's Act section 7, exceptional circumstances, execution pending appeal, full bench, Hague Convention, Incubeta v Ellis, International Child Abduction, irreparable harm, Knoop v Gupta, Kusevitsky J dissent, Mirror Orders, Protective Measures, reportable judgment, return order, section 18 Superior Courts Act, section 18(4) automatic appeal, Supreme Court of Appeal Practice Directive 1/2024, Tyte Security Services, voice of the child, Western Cape High Court, Wille J A Hague Convention matter is not per se exceptional: when a return order must wait for the appeal. S C v L J H and Another (2026-105403) [2026] ZAWCHC 659 (6 November 2026). This case is about whether a High Court order directing the return of children to Australia under the Hague Convention may be put into operation under section 18(3) of the… READ MORE
04/11/2026 Bertus Preller Abuse of Process, Divorce, Financial Disclosure, Forensic Investigations in Divorce, Privacy Rights, Subpoenas, Third-Party Subpoenas abuse of process, Beinash v Wixley, compel compliance subpoena, divorce financial disclosure, Eastern Circuit Local Division, fishing expedition subpoena, forensic auditor divorce, forensic investigation divorce, Gamble J order, in terrorem subpoena, lay litigants High Court, matrimonial litigation South Africa, Myers v Marcus, non-party financial records, patrimonial consequences of marriage, Plascon-Evans rule, privacy and confidentiality subpoena, R.H.K v Lawrence, Rule 38 subpoena, Rule 43(6) forensic expert, section 35(4) Superior Courts Act, section 36(5)(c) Superior Courts Act, setting aside subpoena, subpoena duces tecum, Tasima binding court orders, Thembalethu High Court, third party subpoena divorce, Van Zyl J, ZAWCHC 647 Fishing Expedition Foiled: Third-Party Subpoenas, Forensic Experts and Abuse of Process in R.H.K v Lawrence (587/2023) [2026] ZAWCHC 647 (2 November 2026) This case is about a spouse in a pending divorce who, relying on a Rule 43(6) order that allowed her to appoint a forensic expert to investigate her husband’s estate,… READ MORE
01/11/2026 Bertus Preller Alimony, Children, Contribution towards costs divorce, Costs, Divorce, Duty to maintain, Equality of arms divorce, Financial disclosure divorce, Financial non-disclosure, Forensic accountant divorce costs, Interim relief divorce, Maintenance, Maintenance pendente lite, Non-disclosure consequences, Procedural Law, Rule 43, Rule 43 Applications, Rule 43 Cost Contributions, Rule 43 orders, Spousal Maintenance accrual claim divorce, adverse inference non-disclosure, AF v MF, C.G.S v J.H.S, Cary v Cary, contribution towards costs divorce, costs reserved divorce, Divorce Act section 7(2), duty of support spouses, equality of arms divorce, family law South Africa, financial disclosure divorce, forensic accountant divorce costs, H v H 2023, industrial psychologist divorce, interim relief divorce, maintenance pendente lite, Matrimonial Property Act 88 of 1984, Northern Cape High Court Rule 43, POPIA divorce disclosure, Rule 43 Application, Rule 43 contribution to costs, Rule 43(6) further contribution, senior counsel divorce costs, sole shareholder company divorce, spousal maintenance South Africa, Stanton J, Van Rippen v Rippen, ZANCHC 92 Equality of Arms in Rule 43: Northern Cape High Court Rejects the R25,000 First-Day-of-Trial Practice for a Contribution to Costs: C.G.S v J.H.S (2026-133005) [2026] ZANCHC 92 (30 October 2026). This case concerns a Rule 43 application in the Northern Cape Division in which the only issue left for decision was the quantum of a husband's contribution towards his wife's… READ MORE
27/10/2026 Bertus Preller Accrual system, Appeal, Deed of settlement, Divorce, Divorce settlement agreement, Divorce settlement agreement, Maintenance, Rule 43, Rule 43 orders, Settlement agreements accrual claim, accrual system, declaratory order, Deed of Settlement, Dispute of Fact, divorce order incorporating settlement, divorce settlement agreement, Endumeni interpretation, foreseeable dispute of fact, Free State High Court, Full Bench appeal, interpretation of settlement agreement, KIV v CJV, lifelong maintenance, Loubser J, maintenance termination date, motion proceedings, party and party costs, pendente lite maintenance, Plascon-Evans rule, post-divorce maintenance, referral to oral evidence, rehabilitative maintenance, Rule 43 Order, scale B counsel fees, spousal maintenance, Wightman v Headfour, without prejudice letters, ZAFSHC 465 When Pendente Lite Means Exactly That: The Full Bench Ends a Post-Divorce Maintenance Dispute in KIV v CJV (A151/2025) [2026] ZAFSHC 465 (15 October 2026). This case concerns a divorced husband who asked the Free State High Court to declare that his duty to pay his former wife R25 000 per month in spousal maintenance… READ MORE
27/10/2026 Bertus Preller Attachment of bank account, Execution debtor notice, Incorporeal property attachment, Interim maintenance enforcement, Rule 43, Rule 43 Applications, Sheriff notice of attachment, Writ of execution arrear maintenance recovery, attachment of bank account, Congo Oil v Identiguard, divorce execution procedure, Exclusive Access Trading v Bouwer, execution debtor notice, frozen bank account divorce, Gauteng Division Johannesburg, incorporeal property attachment, interim maintenance enforcement, irregular attachment, Jaftha v Schoeman, judicial oversight execution, Koutroulis v ABSA, Lipshitz AJ, M.T.J v E.C.J, party and party costs scale A, Riordan v First National Bank, Rule 43 maintenance, Rule 45(8), rule 6(12) urgency, setting aside attachment, sheriff notice of attachment, South African Family Law, Stratgro Capital v Lombard, TBP Building v Chetty, Uniform Rules of Court, Writ of Execution, ZAGPJHC 1216 No Notice, No Attachment: Freezing a Bank Account to Enforce Rule 43 Maintenance in M.T.J v E.C.J (2026-060216) [2026] ZAGPJHC 1216 (23 October 2026). This case concerns the attachment of a husband's bank account to enforce an unpaid Rule 43 maintenance order. The Johannesburg High Court set the attachment aside because the sheriff had… READ MORE
27/10/2026 Bertus Preller Appeal, Child Maintenance, Children, Costs, Divorce, Maintenance, Maintenance Act 99 of 1998, Maintenance Calculator, Maintenance Court, Maintenance Court, Maintenance court jurisdiction to vary High Court orders, Rule 43, Rule 43 Appeal, Rule 43 Applications, Rule 43 orders Carstens v Carstens, child maintenance after divorce, common-law duty of support, Divorce Act 70 of 1979, Divorce Amendment Act 1 of 2024, divorce decree silent on maintenance, Full Bench appeal, Harwood v Harwood, Herfst v Herfst, interim maintenance, K.O v M.O, Loots AJ, LS v GAS, M.V v E.V, Maintenance Act 99 of 1998, maintenance court enquiry, maintenance pendente lite, P v R, retrospective maintenance order, Rule 43, Rule 43 order lapse, S.C.K v B.K, section 16 Maintenance Act, section 6 Divorce Act, Thulare J, upper guardian, Variation Application, Western Cape High Court, ZAWCHC 629 When the Decree Falls Silent: A Rule 43 Order Does Not Survive Divorce – S.C.K v B.K (A143/2026) [2026] ZAWCHC 629 (23 October 2026). This Full Bench appeal in the Western Cape Division decides whether an interim maintenance order granted under Rule 43 continues to operate after a decree of divorce that says nothing… READ MORE
25/10/2026 Bertus Preller Alimony, Arrear Maintenance, Arrear maintenance claims, Arrear Maintenance Variation, Attorney and client costs, Child Maintenance, Civil contempt South Africa, Contempt of Court, Contempt of court maintenance, Costs, Divorce, Fakie test, Interim Maintenance, Maintenance, Maintenance Act 99 of 1998, Maintenance Calculator, Maintenance Calculator, Maintenance Court, Maintenance Court, Maintenance order enforcement, Procedural Law, Procedure, Punitive costs orders, Rule 43 Contempt, Rule 43 orders, Serial contempt, Spousal Maintenance Arrear Maintenance, Attorney and Client Costs, Cloete J, consent paper, contempt of court, D.O v M.E, divorce order, enforcement of maintenance, evidential burden, financial disclosure, HEG Consulting v Siegwart, LAN v OR Tambo Airport, Maintenance Act 99 of 1998, maintenance court jurisdiction, Maintenance Order, MM v MF, non-encumbrance clause, rehabilitative maintenance, Secretary of the Judicial Commission v Zuma, section 6(2) jurisdiction, self-help, spousal maintenance South Africa, SS v VVS, Suspended Sentence, variation of maintenance, Western Cape High Court, wilful and mala fide, writ of execution maintenance, ZAWCHC 624 Self-Help Is Not a Defence: Ex-Husband Held in Contempt for Flouting Maintenance Order in D.O v M.E (6955/2018) [2026] ZAWCHC 624 (21 October 2026). This case concerns a former husband who, for the better part of seven years, paid his ex-wife’s court-ordered rehabilitative maintenance when and in the amount he chose, pleaded poverty and… READ MORE
25/10/2026 Bertus Preller Alter ego trust, Discretionary family trust, Discretionary trust, Discretionary Trust Divorce South Africa, Divorce, Former spouse, trust beneficiary, Joinder of trustees, Section 13 Trust Property Control Act, Trust beneficiary divorce, Trust joinder divorce, Trust Property Control Act 57 of 1988, Trusts, Trusts alter ego, alternative remedy, anti-dissipation interdict, balance of convenience, company assets divorce, contempt of court order, contingent claim, Die Dros v Telefon Beverages, divorce litigation South Africa, EB v ER, ex parte reconsideration, family trust divorce, freezing order, Gauteng High Court Johannesburg, interim interdict, irreparable harm, KG v Minister of Home Affairs, Knox D'Arcy v Jamieson, out of community of property without accrual, piercing the corporate veil, preservation order, prima facie right, redistribution of assets, Rule 43 financial disclosure, Rule 43 maintenance, S.M v J.M, section 7(3) Divorce Act, section 7(5) Divorce Act, trust resolution independent trustee Freezing the Trust and the Company: Why a Section 7(3) Redistribution Claim Did Not Found a Preservation Order Against Separate Legal Entities in T.J.R v S.L.R and Others (2026-000369) [2026] ZAGPJHC 1181 (8 October 2026). This case concerns a wife, married out of community of property without accrual, who sought interim preservation orders over assets held by a family trust and a company controlled by… READ MORE
20/10/2026 Bertus Preller Accrual system trust interest, Beneficiary, Declaratory order trust beneficiary, Discretionary trust, Discretionary Trust Divorce South Africa, Divorce, Divorce and trusts South Africa, Ex Wife beneficiary, Former spouse, trust beneficiary, Termination of trust, Trust beneficiary divorce, Trust Property Control Act 57 of 1988, Trusts, Trusts accrual system trust interest, Cool Ideas v Hubbard ordinary meaning, costs scale B High Court, declaratory order trust beneficiary, discretionary trust divorce South Africa, divorce and trusts, Estate Hafiz trust deed, ex-wife trust beneficiary, family law South Africa, family trust divorce, former spouse trust beneficiary, Hermanus property trust, K.J.P v G.G.M.P, meaning of spouse trust, Moosa v Jhavery settlor intention, Plascon-Evans trust application, section 21(1)(c) Superior Courts Act, spouse trust deed interpretation, trust beneficiary divorce, trust beneficiary status divorce, trust deed contract founder trustees, trust deed interpretation Endumeni, trust litigation South Africa, trustees discretion income capital, vesting date trust, Western Cape High Court trust judgment, Wilkinson v Crawford trust interpretation, Wormald v Woollgar, ZAWCHC 611 When “Spouse” No Longer Means You: Divorce and the Loss of Trust Beneficiary Status in K.J.P v G.G.M.P N.O and Others (17622/2024) [2026] ZAWCHC 611 (19 October 2026). The facts: a Hermanus villa, a family trust and a marriage that ended The applicant, an attorney and conveyancer, was the founder of the ERF 1 Fernkloof Investment Trust, a… READ MORE
11/10/2026 Bertus Preller Best Interests of the Child, Children, Parental Rights, Parental rights and responsibilities, Protection of Personal Information Act 4 of 2013, School rugby governance, School rugby recruitment, School sport law, Schoolboy Rugby South Africa, Schoolboy rugby transfers best interests of the child section 28, Bought Not Built, Centre for Child Law v Media 24, child privacy South Africa, Children’s Act 38 of 2005, divorce school move child, family law South Africa, Information Regulator complaint, NM v Smith privacy, parental consent children’s act, parenting plan school change, POPIA administrative fine R10 million, POPIA children’s information, POPIA penalties imprisonment, Press Code children, publication of schoolboy rugby transfers, rugby blog privacy, rugby bursary school transfer, schoolboy rugby poaching, schoolboy rugby recruitment, schoolboy rugby transfer sheets, section 18 parental responsibilities and rights, section 30 co-holders, section 31 major decisions, section 34 POPIA, section 35 POPIA competent person, section 7 POPIA journalism exclusion, section 99 POPIA damages, separated parents school decision Schoolboy Rugby Transfer Sheets: What Parental Consent Means in Family Law and What POPIA Does to Blogs That Publish Without It. In a recent article for my Substack newsletter I looked at the running "transfer sheets" that some rugby websites keep of schoolboy players moving between schools, and I asked a… READ MORE