15/10/2023 Bertus Preller Divorce, Interim Maintenance, Maintenance, Mediation, Rule 43, Spousal Maintenance divorce proceedings, Financial contributions, Financial discrepancies, Household expenditures, Inflated claims, interim maintenance, Legal Costs, Legal precedents, Lump sum claims, Marital Assets, Medical coverage, Monthly expenses, Property access, Rule 43, Travel expenses Avoiding Common Pitfalls in Rule 43 Applications: Insights from a Divorce Case Deep Dive for Legal Practitioners K.F v M.F (10237/2037; 4001/2023) ZAWCHC 253 (13 October 2023) The Facts The was an application in terms of Rule 43 of the Uniform Rules of Court, focusing on interim… READ MORE
11/10/2023 Bertus Preller Alimony, Arrears, Divorce, Interim Maintenance, Maintenance, Marriage, Rule 43, Spousal Maintenance Attorney Conduct, Bertus Preller, contempt of court, Court Orders, Divorce News, divorce proceedings, Family Law, Financial Arrears, Judicial System, Legal Accountability, Legal Practitioners, maintenance obligations, non-compliance, Rule 43, Rule 43 Order, Suspended Sentence, Urgent Application When Lawyers Drop the Ball: The Tale of Divorce, Defiance, and a Suspended Sentence. S.F.S. v A.J.S (11676/2018) ZAGPJHC 1142 (11 October 2023) The Facts The Applicant, who was in the midst of a contentious divorce, urgently approached the court, accusing the Respondent of… READ MORE
22/09/2023 Bertus Preller Alimony, Divorce, Interim Maintenance, Maintenance, Muslim Marriages, Rule 43, Spousal Maintenance Bertus Preller, Constitutional Court, constitutional invalidity, Divorce Act, Divorce Attorney Cape Town, Divorce Attorney South Africa, Gender Equality, legal precedent, maintenance, matrimonial property, Muslim Marriage, Pendente Lite, Rule 43, Sharia Law, South African Law, spousal support, Talaaq, Women's Legal Centre Trust Rule 43 Unveiled: How One Muslim Marriage Case Redefines Interim Spousal Support and Shakes Constitutional Ground. R.B v S.A.E.R (2023/014603) ZAGPJHC 1041 (18 September 2023) Introduction In a Rule 43 of the Uniform Rules for interim maintenance, the High Court in Johannesburg delved into the complexities… READ MORE
22/09/2023 Bertus Preller Abuse, Alimony, Children, Divorce, Financial Disclosure, Forfeiture of Benefits, Maintenance, Marriage, Parental Rights, Pension Funds, Settlement agreements, Spousal Maintenance Asset Division, Bertus Preller, Children's Welfare, court order, Divorce, Divorce Attorney Cape Town, Divorce News, Family Law, Legal Costs, maintenance, Marriage Dissolution, Parental Responsibilities, Pension Forfeiture, Property Valuation, Questionable Conduct, Settlement, South African Law, spousal support When Love Goes Sour and Assets Get Tangled: How One Husband’s Questionable Conduct, Refusal to Settle, and Legal Maneuvering Shaped a Divorce Ruling. N.S v M.F.S (20/27078) ZAGPJHC 1044 (19 September 2023) Litigation History The Defendant represented himself, while the Plaintiff had legal representation. The Defendant filed 12 applications against the Plaintiff, most… READ MORE
27/08/2023 Bertus Preller Alimony, Arrears, Divorce, Financial Disclosure, Maintenance, Marriage, Pension Funds, Spousal Maintenance, Trusts Annuities Tax Implications, Appeals Court, Asset Base, Bertus Preller, Burden of Proof, Case Law, Cost of Appeal, Divorce Attorney Cape Town, Divorce News, divorce settlement, Economic Uncertainty, Elderly Parties, Family Law, Financial Circumstances, Judgment Reversal, legal precedent, Legal Thresholds, maintenance, Maintenance Order, Pacta Sunt Servanda, South African Law, Trustee, Variation Application CHANGING FORTUNES, UNCHANGED OBLIGATIONS: HOW A COURT ON APPEAL WEIGHED FINANCIAL CIRCUMSTANCES IN VARIATION OF A MAINTENANCE ORDER L.J v P.H.A.J (HCA35/2022) ZALMPPHC 49 (18 July 2023) INTRODUCTION This case was an appeal to the High Court Limpopo Division against the rulings made by an Acting Magistrate, who… READ MORE
27/07/2023 Bertus Preller Alimony, Children, Divorce, Interim Maintenance, Maintenance, Parental Rights, Rule 43, Spousal Maintenance, Trusts Adequate Housing, Bertus Preller, child maintenance, Children's Act 38 of 2005, Constitutional Rights, Contact rights, court order, Divorce Attorney Cape Town, Divorce News, divorce proceedings, Equality of Arms, Family Law, financial disclosure, Legal Costs, maintenance, Maintenance Order, Marital Assets, Parental Responsibilities, Primary Residency, right to dignity, Rule 43, South African Law, spousal support Equality of Arms Upheld: Court Orders Husband to Contribute R805,903 Towards Wife’s Legal Costs in Rule 43 Proceedings. Y.M v T.J.M (26526/2022) ZAGPPHC 582 (13 July 2023) The case involved a dispute between two parties identified as Y.M. and T.J.M. This was an application in terms of Rule… READ MORE
18/07/2023 Bertus Preller Alimony, Financial Disclosure, Maintenance, Settlement agreements, Spousal Maintenance Bertus Preller, court appeal, court decision, court errors, court judgement, court order, Divorce, Divorce Attorney Cape Town, divorce settlement, Family Law, financial arrangements, financial disclosure, financial investigation, High Court appeal, JSB vs LDB, legal appeal, legal case, legal dispute, legal duty, legal obligations, legal precedent, Legal proceedings, Magistrate's errors, Maintenance Act, maintenance agreement, maintenance investigator, maintenance obligations, maintenance officer, settlement agreement, spousal maintenance, spousal support Correcting Course: How the High Court Rectified the Magistrate’s Errors in the JSB vs LDB Spousal Maintenance Case. L.D.B v J.S.B (A3079/2021) ZAGPJHC 786 (13 July 2023) BACKGROUND On the 31st of January 2014, the respondent, JSB, had divorced the appellant, LDB. The terms of the divorce had… READ MORE
18/06/2023 Bertus Preller Alimony, Divorce, Forfeiture of Benefits, Pension Funds adultery, Bertus Preller, Divorce, Divorce Attorney Cape Town, Family Law, forfeiture of benefits marriage, infidelity, marriage in community of property, misconduct, unduly benefit marriage Love, Betrayal, and the Law: A Tale of Forfeiture and Financial Deprivation in Matrimonial Property. B.R.B.M v R.K.B.M (19279/2019) ZAGPPHC 403 (5 June 2023) On one hand, the Plaintiff (husband) sought an order of forfeiture of the patrimonial benefits against the Defendant (wife) on the… READ MORE
24/05/2023 Bertus Preller Alimony, Cohabitation, Divorce, Maintenance, Marriage, Spousal Maintenance Bertus Preller, Divorce, Divorce Attorney South Africa, Divorce News, dum casta clause, new divorce case, spousal maintenance, spousal maintenance case Unveiling the Dum Casta Clause: Ex-Wife’s Spousal Maintenance Rights Revoked Due to Cohabitation after Divorce. M.M.L v J.J.L (A66/2023) ZAFSHC 170 (18 May 2023) This appeal had its origins in an application that was pursued in the Maintenance Court for the district of Bethlehem ("the… READ MORE
21/04/2023 Bertus Preller Alimony, Interim Maintenance, Maintenance, Marriage, Rule 43, Trusts Divorce, Divorce Attorney Cape Town, Divorce News, Family Law, interim maintenance, maintenance, new case law, Rule 43 Rule 43 Application – Husband’s wealth managed in a Trust taken into consideration. Wife succeeds in claiming R 200 000 per month. S, G N v L, J (Case No: 2023/004861) ZAGPJHC 336 (12 April 2023) The applicant approached the court in terms of Rule 43, seeking interim maintenance and a contribution… READ MORE