08/11/2025 Bertus Preller Abducting parent defences, Article 13 defences, Article 13(a) consent, Article 13(b) grave risk, Habitual Residence, Hague Convention on the Civil Aspects of International Child Abduction, Left-behind parent rights, Prompt return of child, Wrongful removal of child abducting parent defences, ancillary relief, Article 13 defences, Article 13(a) consent, Article 13(b) grave risk, Central Authority South Africa, child return application, Convention proceedings, curator ad litem, custody proceedings, Denmark child abduction, family law South Africa, grave risk threshold, habitual residence, Hague Convention, International Child Abduction, intolerable situation, jurisdictional issues, Koch case, left-behind parent rights, Mirror Orders, N M v Central Authority, Plascon-Evans rule, prompt return of child, Protective Measures, Sonderup v Tondelli, summary proceedings, two-stage process, wrongful removal of child When Midnight Departures Belie Consent: Article 13 Defences Fail in International Child Abduction Case – Central Authority of the Republic of South Africa and Another v L (2025-178969) [2025] ZAGPJHC 1101 (3 November 2025). Factual Matrix: A Mother's Contested Departure from Denmark to South Africa The dispute before Adams J in the Gauteng Division of the High Court centred on a six-year-old boy who… READ MORE
01/11/2025 Bertus Preller Abuse, Best Interests of the Child, Children, Conduct of Childcare Experts, Interlocutory applications, Motion proceedings, Parental Alienation, Parental Rights, Plascon Evans Rule, Procedural Law, Procedure, Referral to trial, Rule 6(5)(g), Sexual Abuse, Sexual Abuse Allegations abuse of process, child contact disputes, Children's Best Interests, Children’s Act 38 of 2005, coaching of child, court as upper guardian, credibility assessment, custody and access, Dispute of Fact, expert evidence family law, expert witness requirements, family advocate report, forensic psychologist report, interlocutory applications, judicial investigation children, motion proceedings, onus of proof family law, Parental Rights, Plascon-Evans rule, referral to trial, room hire principle, Rule 6(5)(g), section 28 best interests, sexual abuse allegations, shared parenting arrangements, South African Family Law, supervised contact, suspension of contact rights, unsubstantiated allegations Unproven Abuse Allegations and Expert Evidence: When Courts Reject Referral to Trial in Child Contact Disputes – C.N v I.G.R (D6383/2024) [2025] ZAKZDHC 68 (28 October 2025). The Factual Matrix: Allegations of Sexual Abuse and Protracted Litigation The case of C.N v I.G.R (D6383/2024) ZAKZDHC 68 (28 October 2025) presents a troubling factual scenario that will resonate… READ MORE
26/10/2025 Bertus Preller Accrual claims, Divorce, Divorce Act 70 of 1979, Matrimonial Property Act 88 of 1984, Member spouse, Non-member spouse, Pension Funds Act 24 of 1956, Pension interest, Procedural Law, Procedure, Referee report, Retirement fund divorce, Section 37D, Settlement agreements, Tax liability pension interest accrual claims, accrual system, C.N.N v N.N, Divorce Act 70 of 1979, divorce settlement agreement, divorce trial court, legislative lacuna pension law, matrimonial property, Matrimonial Property Act 88 of 1984, member spouse, motion court jurisdiction, Ndaba v Ndaba, non-member spouse, Pension Funds Act 24 of 1956, pension funds legislation, pension interest, pension sharing divorce, referee report, retirement benefits divorce, retirement fund divorce, Reynolds v Reynolds, section 3 Matrimonial Property Act, section 37D, section 7(8), South African Family Law, T.M.W v J.J.W, tax liability pension interest, withdrawal benefits tax, ZAGPPHC 1093 2025 When Retirement Funds Cannot Settle Accrual Claims: D E C B v J M B (37464-2020) [2025] ZAGPPHC 1093 (21 October 2025) and the Jurisdictional Dilemma in South African Divorce Law. Factual Matrix: When a Referee's Report Reveals More Questions Than Answers The parties in this matter were married out of community of property with the application of the accrual system… READ MORE
21/10/2025 Bertus Preller Abuse of Process, Alimony, Asset Disclosure, Children, Costs, Divorce, Fishing expedition discovery, Gender equality, Hostile Family Lawyers, Interim Maintenance, Irregular proceedings, Maintenance, Matrimonial proceedings discovery, Procedural Law, Procedure, Prolixity, Punitive Cost Orders, Rule 43, Rule 43 Applications, Rule 43 Contempt, Rule 43 Cost Contributions, Rule 43 orders, Rule 58 Access to Justice, accrual claims, attorney fees Rule 43, B.S v K.W.S 2025, catch me if you can divorce, Children's Best Interests, constitutional implications maintenance, contribution to legal costs, E v E full court, financial disclosure divorce, financially weaker spouse, full and frank disclosure, gender equality divorce, hiding assets divorce, interim relief pending divorce, interim spousal maintenance, KwaZulu-Natal High Court, length of court papers, maintenance pendente lite, matrimonial litigation, matrimonial property disputes, prolixity in divorce proceedings, relevant versus irrelevant evidence, Rule 43 applications, S.M v N.M 2024, South African Family Law, standard of living divorce, striking off applications, Uniform Rule 43 When Brevity Becomes Brutality: S.M v N.M (D6667/2024) [2024] ZAKZDHC 54 versus B.S v K.W.S (2025/027511) [2025] ZAGPPHC 1085 – Has Striking Off Rule 43 Applications for Prolixity Gone Too Far? Two Cases, Two Outcomes: The Factual Matrix of S.M v N.M and B.S v K.W.S The contrasting outcomes in S.M v N.M (D6667/2024) ZAKZDHC 54 (28 August 2024) and B.S… READ MORE
03/10/2025 Bertus Preller Gender discrimination, Gender equality, Maternity leave discrimination, Parental leave, Parental leave sharing, Surrogacy parental leave adoption leave age cap, adoptive parent discrimination, basic conditions of employment, BCEA section 25, commissioning parent leave, Constitutional Court 2025, Constitutional Court confirmation, fathers parental rights, four months parental leave, gender equality labour law, gender stereotypes caregiving, Harksen equality test, human dignity section 10, interim reading-in remedy, Justice Tshiqi judgment, labour law reform, maternity leave discrimination, NEDLAC consultation, parental leave sharing, parental leave South Africa, paternity leave rights, section 9 Constitution, shared parental leave, surrogacy parental leave, suspended declaration invalidity, ten days paternity leave, Unemployment Insurance Act benefits, unfair discrimination gender, Van Wyk case, work-family balance Ten Days and You are Done? How Van Wyk Demolished South Africa’s Parental Leave Gender Gap – Van Wyk and Others v Minister of Employment and Labour; Commission for Gender Equality and Another v Minister of Employment and Labour and Others [2025] ZACC 20 (3 October 2025). When Ten Days Wasn't Enough: The Van Wyks' Journey to the Constitutional Court The seed of this constitutional challenge was planted in the lived reality of a Johannesburg couple facing… READ MORE
03/10/2025 Bertus Preller Alimony, Costs, Divorce, Divorce Amendment Act 2024, Iddah period maintenance, Maintenance, Muslim Marriages, Rule 43, Rule 43 Cost Contributions, Rule 43 orders, Spousal Maintenance, Talaq asset redistribution Muslim marriages, capital expenditure maintenance, constitutional parity litigation, costs contribution equality, Discovery medical scheme, divorce action mootness, Divorce Amendment Act 2024, hyperthyroidism treatment costs, iddah period maintenance, interim maintenance pendente lite, Islamic principles maintenance, matrimonial law South Africa, medical aid obligations divorce, Muslim marriage dissolution, Muslim marriage divorce, Pangarker J judgment, pending divorce proceedings, provident fund settlement, reasonable maintenance needs, religious marriages recognition, Rule 43 Application, section 7(3A) redistribution, section 9 Constitution, Shariah law South Africa, spousal maintenance obligations, Talaq legal effect, Taute v Taute principles, Uniform Rule 43, Western Cape High Court, Women's Legal Centre Trust case When Talaq Meets the Courtroom: Interim Maintenance After Islamic Divorce Under the 2024 Amendments – S.W v A.L (2025/094930) [2025] ZAWCHC 440 (29 September 2025). Factual Matrix: A Rule 43 Application Following Talaq and Divorce Summons The applicant and respondent in S.W v A.L (Case No 2025-094930) ZAWCHC 440 were pensioners who had married each… READ MORE
30/09/2025 Bertus Preller Alimony, Civil contempt South Africa, Contempt of Court, Costs, Maintenance, Procedural Law, Rule 43, Rule 43 Contempt, Rule 43 orders, Spousal Maintenance, Unaffordability defence, Variation Rule 43(6) affordability defence evidence, civil contempt South Africa, constitutional rights maintenance, contempt of court, contribution to legal costs, Equality of Arms, Fakie test contempt, financial disclosure requirements, Gauteng High Court Johannesburg, joint estate litigation, judicial integrity, late filing affidavits, maintenance arrears, mala fide conduct, procedural abuse family law, punitive costs order, Rule 43 proceedings, Rule 43(6) variation, section 10 dignity, section 34 access to justice, section 9 equality, spousal maintenance non-payment, suspended sentence contempt, T.F.C v B.J.C 2025, unaffordability defence, Uniform Rules of Court, warrant of arrest maintenance, wilful non-compliance, ZAGPJHC 956 When “I Cannot Afford It” Fails: Contempt, Constitutional Rights and Procedural Abuse in T.F.C v B.J.C (21300/2022) [2025] ZAGPJHC 956 (25 September 2025). From Rule 43 Relief to Repeated Refusal: The Factual Matrix of Mounting Non-Compliance The factual backdrop to this contempt application reveals a distressing pattern of deliberate defiance that began almost… READ MORE
25/09/2025 Bertus Preller Amendment of Pleadings, Constitutional law, Divorce, Divorce summons South Africa, Marriage, Procedural Law, Procedure, Punitive Cost Orders, Rule 28 amendments, Section 7 Matrimonial Properties Act, Section 7(3) Divorce Act 1984 cut-off date, amendment applications, Antenuptial Contracts, case management, constitutional challenge, Constitutional Court, constitutional development, costs orders, divorce proceedings, EB v ER judgment, equitable relief, Family Law, Judicial Discretion, M.S v E.S, matrimonial contributions, matrimonial property law, Mpumalanga High Court, Msibi AJ, out of community of property, pleadings amendment, procedural amendments, procedural compliance bertus preller, redistribution orders, Rule 28 amendments, RVB v JVB, section 7(3) Divorce Act, South African divorce law Amendment Revolution: How M.S v E.S (3091/2021) [2025] ZAMPMBHC 96 (23 September 2025) Transforms Redistribution Claims Post-EB. Factual Matrix and Procedural History: From Closed Pleadings to Constitutional Development The parties in this matter were married out of community of property, excluding the accrual system, pursuant to a… READ MORE
13/09/2025 Bertus Preller Births Deaths Registration Act, Constitutional law, Gender discrimination, Gender equality, Marriage equality, Patriarchal laws, Surname changes, Unfair discrimination Births Deaths Registration Act, Civil Union Act, colonial law legacy, constitutional challenge, Constitutional Court, constitutional law, discrimination analysis, equality jurisprudence, equality rights, family identity choices, Family Law, gender discrimination, Gender Equality, gender-neutral legislation, human dignity, legislative reform, marital naming rights, marriage equality, men's rights, patriarchal laws, reading-in remedy, section 9 Constitution, South African Law, substantive equality, surname changes, suspended declaration invalidity, unfair discrimination, women's rights Constitutional Court Ends Gender-Based Surname Discrimination: Jordaan and Others v Minister of Home Affairs and Another (CCT 296/24) [2025] ZACC 19 (11 September 2025) – Husbands Can Now Take Their Wives’ Surnames. The Factual Matrix: When Husbands Want to Take Their Wives' Surnames The facts giving rise to this landmark constitutional challenge present a stark illustration of how outdated legislation can collide… READ MORE
10/09/2025 Bertus Preller Abuse of Process, Costs, Divorce, Divorce summons prerequisite, Maintenance, Procedural Law, Procedure, Rule 43, Rule 43 Cost Contributions, Rule 58 2018 Rule 43 amendment, child custody applications, Court Jurisdiction, divorce attorneys, divorce law procedure, divorce practice, divorce summons prerequisite, divorce summons timing, family court procedures, family law practitioners, High Court Gauteng, in limine objections, interim applications, interim maintenance, interim relief requirements, legal costs contribution, legal procedural requirements, litigation prerequisites, matrimonial action pending, matrimonial disputes, matrimonial interim relief, matrimonial law compliance, matrimonial proceedings, pendente lite applications, pending divorce requirement, Procedural Compliance, procedural defects, Rule 43 applications, South African Family Law, Uniform Rules of Court No Divorce Summons, No Rule 43 Relief: A.C v H.C (2024/148225) [2025] ZAGPJHC 741 (28 July 2025) Confirms Procedural Prerequisites for Matrimonial Interim Applications. Factual Background and Procedural History The case A.C v H.C (2024/148225), decided on 28 July 2025 in the Gauteng Local Division, Johannesburg, addressed a Rule 43 application for interim relief… READ MORE