17/01/2026 Bertus Preller Abuse, Contumacious conduct, Costs, Divorce, Domestic Violence, Domestic Violence, Emotional Abuse, Financial Abuse, Forfeiture of Benefits, Forfeiture patrimonial benefits, Harassment, In Community of Property, Marital misconduct, Matrimonial property forfeiture, Physical Abuse, Psychological Abuse, Punitive costs orders, Sexual Abuse, Substantial misconduct, Substantial misconduct, Verbal Abuse costs in divorce, discretion of court, divorce proceedings South Africa, domestic violence, drug and alcohol abuse, duration of marriage, Engelbrecht v Engelbrecht, financial delinquency, financial irresponsibility, Forfeiture of benefits, interim protection orders, marital breakdown, marriage in community of property, Mashola v Mashola, matrimonial property, municipal debt, no-fault divorce, patrimonial benefits, pension benefit misconduct, section 9(1) Divorce Act, spousal abuse, substantial misconduct, transfer of property, two-stage approach, unduly benefited test, value judgment, Wijker principles When Domestic Violence and Financial Delinquency Justify Forfeiture: Analysis of W.M.C.M v U.A.M (7390/2018) [2026] ZAGPPHC 5 (12 January 2026). The Factual Matrix: A Pattern of Misconduct and Financial Delinquency The parties in this matter were married in community of property on 16 December 2000. The marriage endured for approximately… READ MORE
29/06/2025 Bertus Preller Abuse, Bail, Coercive Control, Cultural Abuse, Digital Abuse, Domestic Violence, Domestic Violence, Financial Abuse, GBV, Harassment, Harrassment, Interim Protection Order, Neglect, Physical Abuse, Psychological Abuse, Revenge Porn, Sexual Abuse, Spiritual Abuse, Verbal Abuse bail and constitutional rights, bail family court, bail for abusers, bail procedure GBV, bail reform South Africa, child custody GBV, CPA section 60, Criminal and Related Matters Amendment Act, criminal procedure GBV, domestic abuse bail rules, domestic violence law, family law bail, family law impact bail, family lawyer GBV, GBV bail South Africa, GBV court process, GBV justice system, GBV legal changes, intimate partner violence justice, legal reform GBV, magistrate bail GBV, no police bail GBV, protection order at bail, protection orders bail, reverse onus bail, section 60(11)(c), South African criminal law, victim safety bail No Easy Bail for Abusers: How the Criminal and Related Matters Amendment Act 12 of 2021 is Reshaping GBV Justice in South Africa. Introduction South Africa continues to grapple with an epidemic of gender-based violence (GBV), with rates of femicide reported to be five times the global average. GBV – particularly domestic and… READ MORE
07/11/2024 Bertus Preller Abuse, Defamation, Domestic Violence, Malicious Prosecution, Physical Abuse actio iniuriarum, Aquilian action, bail conditions, Case Law, civil damages, civil litigation, constitutional damages, court judgments, Court Procedures, criminal allegations, damages quantum, defamation law, divorce consequences, expert evidence, false allegations, false criminal charges, Judicial Discretion, Justice Gamble, Legal Costs, Legal Fees, legal precedent, legal principles, legal remedies, malicious prosecution, non-patrimonial damages, patrimonial loss, psychological damage, pure economic loss, reputational damage, South African courts, Western Cape High Court Defamation Disaster: From Love at Sea to Legal Storm – Court Awards R665K in G.C v J.C and Others (14205/2014) [2024] ZAWCHC 354. Background: From Marriage to Malicious Charges In what reads like a script from a dramatic courtroom series, the tale of an Italian cruise ship head waiter and a South African… READ MORE
26/09/2024 Bertus Preller Abuse, Coercive Control, Cultural Abuse, Digital Abuse, Domestic Violence, Domestic Violence, Emotional Abuse, Financial Abuse, Harassment, Physical Abuse, Psychological Abuse Burden of Proof, credibility assessment, domestic violence, Domestic Violence Act, evidence evaluation, High Court Judgment, Judicial Review, legal precedent, legal safeguards, magistrates court, mental health, protection orders, relationship dynamics, South African Law Tipping the Scales: High Court Overturns Domestic Violence Order in K.J.G v J.T.G (A85/2024) [2024] ZAGPPHC 913. Background: A Troubled Marriage and the Domestic Violence Act The case of K.J.G v J.T.G (A85/2024) ZAGPPHC 913 (6 September 2024) offers a poignant glimpse into the complexities of domestic… READ MORE
11/08/2024 Bertus Preller Abuse, Coercive Control, Cultural Abuse, Digital Abuse, Domestic Violence, Emotional Abuse, Financial Abuse, Harassment, Harrassment, Neglect, Physical Abuse, Psychological Abuse, Sexual Abuse, Spiritual Abuse, Verbal Abuse attrition rates, contextual approach, domestic violence, feminist jurisprudence, gender-based violence, judicial education, legal barriers, legal reform, Protection from Harassment Act, S v P case, South Africa, survivor disclosure, survivor rights, trauma-informed justice Unsilencing Survivors: A Feminist Lens on Domestic Violence Cases in South Africa – Insights from S v P 2022 2 SACR 81 (WCC). Introduction: The Scourge of Domestic Violence in South Africa Domestic violence remains a pervasive and deeply troubling issue in South African society, as highlighted by Sheena Swemmer in her insightful… READ MORE
09/06/2024 Bertus Preller Abuse, Best Interests of the Child, Child Bullying, Children, Physical Abuse, Schooling anti-bullying policies, bully rehabilitation, bullying intervention, bullying prevention, bullying statistics, child bullying, Child Justice Act, Code of Conduct, cyberbullying, disciplinary measures, educational policies, emotional bullying, in loco parentis, learner safety, Legal Framework, legal ramifications, physical bullying, rehabilitation, restorative justice, SASA, school environment, school governance, school liability, South Africa, South African Schools Act, student protection, Unisa study, victim support, youth justice ADDRESSING CHILD BULLYING AT SCHOOL IN SOUTH AFRICA: LEGAL RAMIFICATIONS AND RESTORATIVE JUSTICE. INTRODUCTION Bullying is a pervasive issue that extends beyond mere playground conflicts, affecting the psychological and emotional well-being of children. It is a complex phenomenon that involves repeated aggressive behaviour… READ MORE
16/05/2024 Bertus Preller Abuse, Coercive Control, Cultural Abuse, Digital Abuse, Domestic Violence, Emotional Abuse, Financial Abuse, Harassment, Harrassment, Interim Protection Order, Neglect, Physical Abuse, Psychological Abuse, Sexual Abuse, Spiritual Abuse, Verbal Abuse The Crucial Role of Full Disclosure in Domestic Violence Interim Protection Orders: Legal Standards, Case Law, and Practical Guidance. INTRODUCTION TO THE DUTY OF FULL DISCLOSURE IN DOMESTIC VIOLENCE APPLICATIONS The principle of full disclosure is paramount in ex parte applications, where orders are granted without notice to the… READ MORE
28/01/2024 Bertus Preller Abuse, Coercive Control, Digital Abuse, Emotional Abuse, Financial Abuse, Harassment, Physical Abuse, Psychological Abuse, Sexual Abuse, Verbal Abuse courtroom battles in familial disputes, domestic abuse legal solutions, domestic relationship legalities, domestic violence act and siblings, domestic violence court orders, domestic violence legal consequences, domestic violence legal framework, familial violence and legal recourse, family conflict legal guidance, family court proceedings in South Africa, family dispute resolutions, family dynamics in South African law, family law and domestic violence, family law interpretation, judicial interpretation of domestic relationships, legal advice on family conflicts, legal aspects of family feuds, legal defense against familial abuse, legal dynamics in family disputes, legal protection in family violence, legal response to domestic abuse, legal strategies against domestic abuse, navigating domestic violence protection, protective orders in family law, sibling relationship laws, South Africa domestic abuse laws, South African domestic violence legislation, understanding domestic violence statutes, understanding family law in SA Family Feuds Under the Law: Decoding Domestic Violence and Legal Protections in South Africa. – J.G v A.N (A3132/2021) [2024] ZAGPJHC 45 (26 January 2024). Background and Legal Framework Introduction to the Case In the case of J.G v A.N (A3132/2021) ZAGPJHC 45 dated 26 January 2024, an appeal was lodged against a final protection… READ MORE
27/01/2024 Bertus Preller Abuse, Adultery, Coercive Control, Costs, Divorce, Emotional Abuse, Financial Abuse, Forfeiture of Benefits, In Community of Property, Infidelity, Physical Abuse, Psychological Abuse, Reasons for Dicorce Asset Division, asset forfeiture in divorce, court evidence, court judgments, divorce case analysis, Divorce Law, divorce litigation, divorce outcomes, divorce settlements, equitable distribution, extra-marital affairs, family court dynamics, family law case studies, forfeiture, legal implications, Legal proceedings, Legal Strategy, marital breakdown, Marriage Dissolution, matrimonial conduct, matrimonial disputes, patrimonial benefits, personal conduct, physical abuse, protection orders, South African Family Law, spousal allegations, spousal behavior, spouse behavior in divorce Infidelity, Abuse, and Forfeiture: Behind the Gavel – Deciphering the Role of Personal Conduct in Divorce Outcomes in South African Courts. – M.F.B v J.B (5674/2016) [2024] ZALMPPHC 7 (24 January 2024). Background and Claims In the case presided over by Naude-Odendaal J, the Plaintiff M.F.B filed for divorce against the Defendant J.B on 23 November 2016. The Plaintiff sought a decree… READ MORE
16/12/2023 Bertus Preller Abuse, Adversarial Legal System, Children, Coercive Control, Cohabitation, Counselling, Cultural Abuse, Digital Abuse, Divorce, Emotional Abuse, Financial Abuse, Harrassment, Hostile Family Lawyers, Infidelity, Life Partnerships, Living Together, Marriage, Mediation, Neglect, Physical Abuse, Psychological Abuse, Reasons for Dicorce, Sexual Abuse, Spiritual Abuse, Verbal Abuse Amazon, Apple Books, Bertus Preller, communication skills, Conflict Resolution, couple counseling, couple therapy, divorce lawyer, emotional intelligence, Family Law, healthy marriage, legal expertise, love and relationships, marital guidance, marriage advice, matrimonial advice, navigating relationships., partnership tips, psychological insights, relationship book, Relationship Challenges, relationship dynamics, Relationship Guide, relationship maintenance, relationship resilience, relationship strategies, self-help, Takealot, The Unexpected Counsellor, understanding love The Unexpected Counsellor – A Divorce Lawyer’s Strategies to Navigate Love and Avoid Heartbreak. About the Book In the intricate dance of relationships, where every step counts and every misstep matters, Bertus Preller's latest book, "The Unexpected Counsellor," emerges as a beacon of wisdom… READ MORE