20/01/2025 Bertus Preller Adversarial Legal System, Alternative Dispute Resolution, Anti-Dissipation Interdicts, anti-dissipatory relief, Asset Disclosure, Division of Estate, Divorce, Financial Disclosure, Hiding Assets, Maintenance, Procedural Law, Punitive Cost Orders, Rule 43, Rule 43 Cost Contributions, Rule 58 Alternative Dispute Resolution, asset dissipation, court enforcement, divorce proceedings, early disclosure, equitable outcomes, Family Law, financial asymmetry, financial disclosure, financial disclosure forms, financial fraud, financial information gap, financial transparency, Gauteng Practice Directive, Gender Equality, Maintenance Act, maintenance disputes, Marital Assets, marital estate, matrimonial property, Mediation, POPI compliance, privacy concerns, procedural reform, South Africa, South African Law Reform Commission, spousal maintenance, Trust assets, uberrimae fidei The Financial Information Gap in Family Law: Addressing Inequities and Reforming Disclosure Practices. The Financial Information Gap: Understanding the Core Problem in Family Law Matters The landscape of family law in South Africa faces a critical challenge rooted in the asymmetrical access to… READ MORE
19/11/2024 Bertus Preller Adversarial Legal System, Appeal, Best Interests of the Child, Children, Coercive Control, Conduct of Childcare Experts, Costs, Divorce, Family Law Court System South Africa, In Community of Property, Marital Regimes, Pacta sunt servanda, Parental Alienation, Parental Rights, Punitive Cost Orders, Relocation, Settlement agreements, Shared Residency best interests of child, breastfeeding rights, Child Custody, children's rights, children's act, Constitutional Rights, costs order, custody agreement, custody battle, divorce proceedings, divorce settlement, Family Advocate, family advocate recommendations, Family Court, Family Law, financial coercion, joint estate, Judicial Discretion, legal precedent, matrimonial property, Medupi Power Station, Parental Rights, parenting plan, Primary Caregiver, primary residence, settlement agreement, South African courts, Supreme Court of Appeal, unilateral relocation, upper guardian When Power Moves Meet Parental Rights: High Court Pulls the Plug on Dad’s Custody Settlement in ZDE v CE (1011/2022) [2024] ZASCA 159. (18 November 2024). Background to the Matter Picture this: the corridors of the Supreme Court of Appeal in Bloemfontein, where legal dramas unfold with the regularity of load-shedding schedules. But this time, the… READ MORE
24/10/2024 Bertus Preller Adversarial Legal System, Best Interests of the Child, Child Maintenance, Children, Costs, Divorce, Family Law Court System South Africa, Financial Disclosure, Maintenance, Parental Rights, Procedural Law, Settlement agreements, Shared Residency attorney misconduct, attorney responsibility, Children's Best Interests, children's act, court officers, court protocols, court upper guardian, Divorce Act, Divorce Law, divorce maintenance, divorce proceedings, divorce settlements, family advocate investigations, Family Advocate role, Family Law, High Court judgments, judicial criticism, Legal Ethics, legal fees disallowed, legal practice standards, legal practitioner duties, maintenance obligations, professional boundaries, professional conduct, shared custody, shared residency, unopposed divorce, WhatsApp communication Attorney’s WhatsApp Blunder Costs Fees in Shared Residency Battle – P.V.Z v L.V.Z (047502/2024 ; 36830/2022 ; 064524/2023) [2024] ZAGPPHC 1046. Shared Residency: Not Always the Default Solution for Divorced Parents In a groundbreaking judgment delivered by Acting Judge Haupt in P.V.Z v L.V.Z (047502/2024; 36830/2022; 064524/2023) ZAGPPHC 1046, the Gauteng… READ MORE
18/10/2024 Bertus Preller Adversarial Legal System, Best Interests of the Child, Child Maintenance, Children, Cohabitation, Costs, Divorce, International Divorce, Procedural Law, Relocation, Separation Applications child maintenance, cross-border family law, Dubai relocation, enforceability, High Court Judgment, international divorce, jurisdiction, minor children's interests, punitive costs, Rule 33(4), Rule 43, separation of issues, South Africa, Urgent Application Dubai Dreams vs. Divorce Duties: GK v KK (2015-96997) [2024] ZAGPPHC 1015 (16 October 2024) – Unravels International Family Law Challenges in Separation Applications. Background: The Complexities of an International Divorce The case of GK v KK (2015-96997) ZAGPPHC 1015 (16 October 2024) highlights the intricate challenges that arise when divorce proceedings intersect with… READ MORE
12/09/2024 Bertus Preller Adversarial Legal System, Alimony, Best Interests of the Child, Child Maintenance, Children, Costs, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance, Stepparents blended families, child support, children's rights, financial disclosure, forensic investigation, High-net-worth divorce, in loco parentis, interim maintenance, Legal Costs, Rule 43 Application, South African Family Law, standard of living, stepparent maintenance, Western Cape High Court Stepparent Obligations Redefined: N.M v B.M and Others (11384/2024) [2024] ZAWCHC 254 (11 September 2024) – Shakes Up Family Law. The Blended Family Dilemma: Stepparent Maintenance in South African Law The recent judgment in N.M v B.M and Others (11384/2024) ZAWCHC 254 (11 September 2024) has brought the complex issue… READ MORE
12/09/2024 Bertus Preller Adversarial Legal System, Alienation, Best Interests of the Child, Children, Divorce, Parental Alienation, Parental Coordinator, Parental Rights, Views of the Child alienating behavior, Child Psychology, child welfare, Child's Best Interests, court intervention, custody disputes, enmeshment, family dynamics, Family Law, legal precedent, parental alienation, psychological assessment, supervised contact, therapeutic intervention Breaking the Cycle: Legal Insights into Parental Alienation in High-Conflict Divorces. Understanding Parental Alienation: Definition and Key Characteristics Parental alienation is a complex psychological phenomenon that can emerge in high-conflict divorce or separation cases, often with devastating consequences for families. It… READ MORE
29/08/2024 Bertus Preller Adversarial Legal System, Appeal, Children, Costs, Divorce, Procedural Law, Rule 43, Rule 58 appealability, civil procedure, divorce proceedings, Family Advocate, Family Law, High Court, interests of justice, interlocutory orders, irreparable harm, judicial economy, magistrates court, Rule 58, Rule 60A, South Africa Family Law Feud: High Court Strikes Down Appeal in M.K v M.K (A2023/123739) [2024] ZAGPJHC 829 – (28 August 2024) Background: A Divorce Case and an Irregular Step Application The case of M.K v M.K (A2023/123739) ZAGPJHC 829 (28 August 2024) revolves around a divorce proceeding and an application made… READ MORE
29/08/2024 Bertus Preller Adversarial Legal System, Costs, Maintenance, Procedural Law, Procedure, Rule 43 attorney fees, brevity, case management, court efficiency, divorce proceedings, Family Law, interim relief, Judicial Discretion, judicial rebuke, KwaZulu-Natal High Court, Legal Education, Legal Ethics, Legal Practitioners, matrimonial disputes, Mossop J, procedural abuse, prolixity, Rule 43, South Africa Judicial Crackdown on Verbose Rule 43 Applications: S.M v N.M (D6667/2024) [2024] ZAKZDHC 54 – (28 August 2024) The Essence of Rule 43: Brevity and Expediency in Matrimonial Proceedings In the recent High Court judgment of S.M v N.M (D6667/2024) ZAKZDHC 54 (28 August 2024), Judge Mossop delivered… READ MORE
24/08/2024 Bertus Preller Accrual Calculation, Adversarial Legal System, Antenuptial Contracts, Commencement Values, Divorce, Trusts accrual system, Antenuptial Contract, asset dissipation, asset valuation, binding declarations, business entities, classic car valuation, commencement value, constitutional challenge, contractual interpretation, Divorce, expert evidence, expert testimony, financial disclosure, forensic accounting, High Court, High-net-worth divorce, legal precedent, matrimonial property, Matrimonial Property Act, Property Valuation, related-party transactions, South African Law, Trust assets Conclusive Commencement: Manelis v Manelis (32624/2015) [2022] ZAGPJHC 880 – Reshapes Antenuptial Contract Interpretation. Background: The High-Stakes Divorce Battle The Manelis case, heard in the Gauteng Local Division of the High Court of South Africa, revolves around a contentious divorce action where the parties… READ MORE
21/08/2024 Bertus Preller Adversarial Legal System, Alternative Dispute Resolution, Best Interests of the Child, Children, Costs, Family Law Court System South Africa, Joint Decision Making, Parental Coordinator, Schools, Urgency Alternative Dispute Resolution, attorney-client scale, best interests of the child, Child Custody, co-parenting, communication skills, costs order, facilitative mediation, Family Advocate, legal precedent, Mediation, parenting coordinator, Rule 41A, school choice, Self-Created Urgency, South African Family Law, Uniform Rules of Court, urgent court application, Western Cape High Court Urgent Co-Parenting Battles: A Lesson in Patience from D.D v I.L and Another (16939/2024) [2024] ZAWCHC 215 (20 August 2024). Background: A Preschool Predicament In the Western Cape High Court case of D.D v I.L and Another (16939/2024) ZAWCHC 215 (20 August 2024), we encounter a poignant example of how… READ MORE