03/10/2026 Bertus Preller Alimony, Child Maintenance, Clean Break Principle, Divorce, Divorce settlement agreement, Maintenance, Maintenance Act 99 of 1998, Maintenance Calculator, Maintenance termination, Pendente Lite, Post-divorce maintenance, Procedural Law, Rehabilitative maintenance, Rule 43 orders, Settlement agreements, Spousal Maintenance accrual system, Antenuptial Contract, Botha v Botha, clean break principle, Divorce Attorney Cape Town, divorce maintenance South Africa, divorce settlement, drawdown rate, earning capacity, expert evidence, family law South Africa, industrial psychologist, interim maintenance, lifelong maintenance, living annuity, maintenance after divorce, maintenance claim, partisan expert, Pendente Lite, pension interest, rehabilitative maintenance, Rule 43, Rule 43(6), section 37D Pension Funds Act, Section 7(2) Divorce Act, spousal maintenance, spousal support, trust assets divorce, Western Cape High Court No Right, Only a Discretion: Rehabilitative Maintenance, Earning Capacity and the Clean Break in H.L.B v J.B (6071/2021) [2026] ZAWCHC 561 (23 September 2026). The Facts: A Long Marriage, a R9.1 Million Settlement and a Maintenance Claim with No Tender The parties in H.L.B v J.B were married on 22 August 1998, out of… READ MORE
28/05/2026 Bertus Preller Alimony, Clean Break Principle, Divorce, Maintenance, Maintenance termination, Matrimonial Properties Act, Matrimonial Property Act 88 of 1984, Pension Funds, Post-divorce maintenance, Rehabilitative maintenance, Section 7(2) maintenance, Spousal Maintenance accrual system, Antenuptial Contract, clean break principle, conduct of parties, contribution towards costs, CPI escalation, Divorce Act 70 of 1979, divorce South Africa, duration of marriage, earning capacity, employability, Family Law, financial needs and obligations, GEPF, industrial psychologist, Maintenance Order, marital standard of living, matrimonial property, Matrimonial Property Act 88 of 1984, onus to prove need, pendente lite maintenance, pension interest, rehabilitative maintenance, retirement, Section 7(2), section 7(8), spousal maintenance, stay-at-home spouse, termination of maintenance When the Money Must Stop: Rehabilitative Maintenance and the Clean Break in M.I.B (born H[…]) v D.B (2023-079189) [2026] ZAGPPHC 411 (2 May 2026). M.I.B (born H) v D.B (2023-079189) ZAGPPHC 411 (2 May 2026) This judgment of Smit AJ in the Gauteng Division, Pretoria, is a useful working example of how a court… READ MORE
09/12/2025 Bertus Preller Alimony, Biometric evidence, Circumstantial evidence cohabitation, Cohabitation, Consortium omnis vitae, Dispensing with spousal consent, Drummond v Drummond, Dum casta clause, Fictional fulfilment doctrine, Living under same roof, Maintenance, Maintenance termination, Pacta sunt servanda, Permanent relationship, Post-divorce maintenance, Sexual intimacy cohabitation, Spousal Maintenance biometric evidence, Bwanya v Master, CB v HB, circumstantial evidence cohabitation, cohabitation as though married, consortium omnis vitae, constitutional challenge dum casta, de facto maintenance contributions, divorce settlement agreement, Dolamo J judgment, Drummond v Drummond, dum casta clause, family law South Africa, fictional fulfilment doctrine, Grobbelaar v Havenga, joint household, living under same roof, maintenance obligations, maintenance repayment, maintenance termination, Pacta Sunt Servanda, permanent relationship, public policy contracts, resolutive condition, RJS v LAS 2025, sexual intimacy cohabitation, Val De Vie estate, Western Cape High Court When Biometric Evidence Proves Cohabitation: RJS v LAS (Case No. 5486/2022) [2025] ZAWCHC (2 December 2025) – A Dum Casta Judgment on Post-Divorce Maintenance Termination. Background Facts: A Tale of Two Estates in Paarl The marriage between RJS and LAS was dissolved by decree of divorce granted by the Western Cape Division of the High… READ MORE