07/05/2024 Bertus Preller Adversarial Legal System, Child Maintenance, Costs, Financial Disclosure, Maintenance, Procedure, Rule 43 094387/23, 2024, abuse of process, Arrear Maintenance, case law interpretation, contact arrangements, costs order, dismissal, divorce proceedings, expeditious decision, Family Advocate, financial position, Gauteng Division, High Court, inexpensive resolution, interim relief, just decision, lengthy affidavits, M.N v A.L.N, maintenance, Minor Children, Pretoria, Rule 43 Application, rule amendments, Rules Board, South African Law, status quo M.N v A.L.N (094387/23) [2024] ZAGPPHC 402 (22 April 2024): High Court Dismisses Lengthy Rule 43 Application as an Abuse of Process. Background of the Rule 43 Application In the case of M.N v A.L.N (094387/23) ZAGPPHC 402 (22 April 2024), the applicant launched a Rule 43 application on 27 November 2023,… READ MORE
30/04/2024 Bertus Preller Adversarial Legal System, Children, Divorce, Hostile Family Lawyers, Maintenance, Settlement agreements attorney behavior, attorney-client relationship, case analysis, child maintenance, conflict resolution in family law, courtroom behavior, D v D, effective dispute resolution, emotive language, ethical practice, family court conduct, Family Law, family law attorneys, High Court Johannesburg, impact of decorum, judicial guidance, judicial opinions, legal decorum, Legal Ethics, legal professionalism, legal representatives, non-hostile conduct, professional behavior, settlement agreement, South African Family Law, strategic legal practice, ZAGPJHC 1688 Encouraging Decorum: The Importance of Non-Hostile Conduct Among Family Law Attorneys in D v D (2021/23816) [2024] ZAGPJHC 1688 (26 April 2024). Introduction In the case of D v D (2021/23816) ZAGPJHC 1688 (26 April 2024), the crux of the matter stemmed from the respondent's decision to issue a writ of execution… READ MORE
28/02/2024 Bertus Preller Adversarial Legal System, Alimony, Costs, Divorce, Interim Maintenance, Maintenance, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance Understanding Rule 43 Applications in South African Family Law. – A.J.K v J.J.L.K (3831/2023) [2024] ZAFSHC 52 (19 February 2024). Introduction and Facts of the Application The case judgement delivered on 19 February 2024 by M.T. Jordaan, AJ, concerns an opposed Rule 43 application within the context of ongoing matrimonial… READ MORE
17/02/2024 Bertus Preller Adversarial Legal System, Arrears, Contempt of Court, Divorce, Interim Maintenance, Maintenance, Rule 43 child maintenance, child welfare, contempt of court, court authority, court judgments, court orders compliance, divorce disputes, divorce proceedings, enforcement of court orders, Family Court, Family Law, financial capacity, interim relief, legal advice, Legal Ethics, legal obligations, Legal proceedings, Legal Representation, legal sanctions, Legal Strategy, maintenance orders, matrimonial disputes, matrimonial litigation, non-compliance consequences, parental obligations, paternal grandparents, personal responsibility, Rule 43 Application, South African Law Contempt and Conduct in Divorce Disputes: Navigating the Thin Line Between Legal Obligations and Personal Responsibility. – J.S.H v M.S.H and Others (1308/2024) [2024] ZAWCHC 42 (16 February 2024). Background and Proceedings Initiated The case of J.S.H v M.S.H and Others, heard in the Western Cape High Court on 26 January 2024, under the judgment of Adhikari AJ, arose… READ MORE
24/01/2024 Bertus Preller Adversarial Legal System, Arrears, Children, Contempt of Court, Divorce, Hostile Family Lawyers, Maintenance adversarial litigation, Amicable Solutions, child welfare, Children's Best Interests, Civil Contempt, Collaborative Resolution, Court Order Compliance, Court Order Violation, D.N.Q v P.Q case, Divorce Litigation Costs, divorce proceedings, Electricity Bill Dispute, Emotional Tensions, Family Law, Financial Disputes, Financial Strain, High Court ruling, Legal Costs, Legal Practitioners' Conduct, Legal Professional Responsibility, Legal Representation, Legal Strategy, Litigation Impact, Marital Tensions, Marumoagae AJ, matrimonial home, Mediation, Rule of Law, South African Judiciary Adversarial Litigation in Divorce and Family Law Practitioners’ Conduct: Unpacking – D.N.Q v P.Q (49090/2021) [2024] ZAGPPHC 12 (12 January 2024). Background of the Dispute The case of D.N.Q v P.Q (49090/2021) ZAGPPHC 12, presided over by Marumoagae AJ, emerged from a dispute within the context of a protracted divorce process.… READ MORE
19/01/2024 Bertus Preller Adversarial Legal System, Children, Parental Rights, Relocation Child Custody, child maintenance, child welfare, Child's Best Interests, children's act, Constitutional Rights, court judgement, custodial parent rights, family advocate report, family court decision, Family Law, family law practice, international child relocation, international family law, International Relocation, Johannesburg High Court, landmark ruling, Legal Analysis, legal precedent, MAHOMED AJ, new case on child relocation, non-custodial parent, parent-child relationship, parental consent, Parental Responsibilities, relocation consent, relocation rights, South African legal system, T.R v S.M Shaping the Future of Family Law: A Pivotal South African Case on Child Relocation – T.R v S.M (035901/2023) [2024] ZAGPJHC 35 (17 January 2024). Facts of the Case Background Parties and Relationship: From 2009 to 2012, T.R (the applicant) and S.M (the respondent) were in a relationship but never married. They had a daughter… READ MORE
15/01/2024 Bertus Preller Adversarial Legal System, Costs, Divorce, Hostile Family Lawyers attorney fees, client interests, cost orders, court discretion, divorce proceedings, electronic adjudication, emotional considerations, family law complexities, financial considerations, judicial efficiency, judicial resources, Legal Ethics, legal practice implications, legal practitioner conduct, professional diligence, request for reasons, South African Family Law A Crucial Judgement for Family Law Practitioners: Insights from a Non-Family Law Case: A Critical Analysis of Recent South African Case Law on Legal Practitioner Conduct and Cost Orders. – Strydom and Another v Coomans and Others (M533/2021) [2024] ZANWHC 6 (8 January 2024) In November 2023, the court was presented with a request for reasons pertaining to a judgement made on the 16th of November 2023. This judgement had dismissed an application for… READ MORE
10/01/2024 Bertus Preller Abuse, Adversarial Legal System, Divorce, Forfeiture of Benefits, Pension Funds, Reasons for Dicorce asset allocation, asset forfeiture, community of property, conduct in marriage, divorce assets division, Divorce Law, divorce settlements, emotional abuse, equitable distribution, family court decisions, financial neglect, High Court ruling, legal implications, legal judgment, legal precedent, marital breakdown, marital contributions, marital misconduct, matrimonial property, pension fund interest, property rights, South African Family Law, spousal behaviour, Z v Z case Marriage Misconduct and Asset Forfeiture: A Pivotal Ruling in Z v Z (34253/2010) [2024] ZAGPJHC – 4 (10 January 2024). Case Overview In the High Court of South Africa, Gauteng Division, Johannesburg, the case of Z v Z (Case No: 34253/2010) was presided over by Adams J. The judgment, delivered… 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
21/11/2023 Bertus Preller Adversarial Legal System, Alimony, Costs, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43, Spousal Maintenance Affidavit Analysis, Attorney Conduct, child maintenance, Condonation, Constitutional Challenges, Court Rulings, divorce proceedings, Family Law, financial disclosure, interim relief, Legal Ethics, Legal precedents, Legal Procedure, Litigation Tactics, maintenance pendente lite, Procedural Compliance, Prolixity in Affidavits, Rule 30 Challenge, Rule 43 Application, South African High Court Navigating the Complex Waters of Financial Disclosure in Rule 43 Applications and Legal Ethics: A Closer Look at a Landmark Ruling and the Conduct of the Respondent’s Attorney. I P v N P ; In re: N P v I P (16768/2023) ZAWCHC 170 (20 November 2023) Analysis of Rule 30 and Rule 43 Applications Overview of the… READ MORE