21/10/2025 Bertus Preller Abuse of Process, Alimony, Asset Disclosure, Children, Costs, Divorce, Fishing expedition discovery, Gender equality, Hostile Family Lawyers, Interim Maintenance, Irregular proceedings, Maintenance, Matrimonial proceedings discovery, Procedural Law, Procedure, Prolixity, Punitive Cost Orders, Rule 43, Rule 43 Applications, Rule 43 Contempt, Rule 43 Cost Contributions, Rule 43 orders, Rule 58 Access to Justice, accrual claims, attorney fees Rule 43, B.S v K.W.S 2025, catch me if you can divorce, Children's Best Interests, constitutional implications maintenance, contribution to legal costs, E v E full court, financial disclosure divorce, financially weaker spouse, full and frank disclosure, gender equality divorce, hiding assets divorce, interim relief pending divorce, interim spousal maintenance, KwaZulu-Natal High Court, length of court papers, maintenance pendente lite, matrimonial litigation, matrimonial property disputes, prolixity in divorce proceedings, relevant versus irrelevant evidence, Rule 43 applications, S.M v N.M 2024, South African Family Law, standard of living divorce, striking off applications, Uniform Rule 43 When Brevity Becomes Brutality: S.M v N.M (D6667/2024) [2024] ZAKZDHC 54 versus B.S v K.W.S (2025/027511) [2025] ZAGPPHC 1085 – Has Striking Off Rule 43 Applications for Prolixity Gone Too Far? Two Cases, Two Outcomes: The Factual Matrix of S.M v N.M and B.S v K.W.S The contrasting outcomes in S.M v N.M (D6667/2024) ZAKZDHC 54 (28 August 2024) and B.S… READ MORE
03/10/2025 Bertus Preller Alimony, Costs, Divorce, Divorce Amendment Act 2024, Iddah period maintenance, Maintenance, Muslim Marriages, Rule 43, Rule 43 Cost Contributions, Rule 43 orders, Spousal Maintenance, Talaq asset redistribution Muslim marriages, capital expenditure maintenance, constitutional parity litigation, costs contribution equality, Discovery medical scheme, divorce action mootness, Divorce Amendment Act 2024, hyperthyroidism treatment costs, iddah period maintenance, interim maintenance pendente lite, Islamic principles maintenance, matrimonial law South Africa, medical aid obligations divorce, Muslim marriage dissolution, Muslim marriage divorce, Pangarker J judgment, pending divorce proceedings, provident fund settlement, reasonable maintenance needs, religious marriages recognition, Rule 43 Application, section 7(3A) redistribution, section 9 Constitution, Shariah law South Africa, spousal maintenance obligations, Talaq legal effect, Taute v Taute principles, Uniform Rule 43, Western Cape High Court, Women's Legal Centre Trust case When Talaq Meets the Courtroom: Interim Maintenance After Islamic Divorce Under the 2024 Amendments – S.W v A.L (2025/094930) [2025] ZAWCHC 440 (29 September 2025). Factual Matrix: A Rule 43 Application Following Talaq and Divorce Summons The applicant and respondent in S.W v A.L (Case No 2025-094930) ZAWCHC 440 were pensioners who had married each… READ MORE
30/09/2025 Bertus Preller Alimony, Civil contempt South Africa, Contempt of Court, Costs, Maintenance, Procedural Law, Rule 43, Rule 43 Contempt, Rule 43 orders, Spousal Maintenance, Unaffordability defence, Variation Rule 43(6) affordability defence evidence, civil contempt South Africa, constitutional rights maintenance, contempt of court, contribution to legal costs, Equality of Arms, Fakie test contempt, financial disclosure requirements, Gauteng High Court Johannesburg, joint estate litigation, judicial integrity, late filing affidavits, maintenance arrears, mala fide conduct, procedural abuse family law, punitive costs order, Rule 43 proceedings, Rule 43(6) variation, section 10 dignity, section 34 access to justice, section 9 equality, spousal maintenance non-payment, suspended sentence contempt, T.F.C v B.J.C 2025, unaffordability defence, Uniform Rules of Court, warrant of arrest maintenance, wilful non-compliance, ZAGPJHC 956 When “I Cannot Afford It” Fails: Contempt, Constitutional Rights and Procedural Abuse in T.F.C v B.J.C (21300/2022) [2025] ZAGPJHC 956 (25 September 2025). From Rule 43 Relief to Repeated Refusal: The Factual Matrix of Mounting Non-Compliance The factual backdrop to this contempt application reveals a distressing pattern of deliberate defiance that began almost… READ MORE
10/09/2025 Bertus Preller Abuse of Process, Costs, Divorce, Divorce summons prerequisite, Maintenance, Procedural Law, Procedure, Rule 43, Rule 43 Cost Contributions, Rule 58 2018 Rule 43 amendment, child custody applications, Court Jurisdiction, divorce attorneys, divorce law procedure, divorce practice, divorce summons prerequisite, divorce summons timing, family court procedures, family law practitioners, High Court Gauteng, in limine objections, interim applications, interim maintenance, interim relief requirements, legal costs contribution, legal procedural requirements, litigation prerequisites, matrimonial action pending, matrimonial disputes, matrimonial interim relief, matrimonial law compliance, matrimonial proceedings, pendente lite applications, pending divorce requirement, Procedural Compliance, procedural defects, Rule 43 applications, South African Family Law, Uniform Rules of Court No Divorce Summons, No Rule 43 Relief: A.C v H.C (2024/148225) [2025] ZAGPJHC 741 (28 July 2025) Confirms Procedural Prerequisites for Matrimonial Interim Applications. Factual Background and Procedural History The case A.C v H.C (2024/148225), decided on 28 July 2025 in the Gauteng Local Division, Johannesburg, addressed a Rule 43 application for interim relief… READ MORE
08/09/2025 Bertus Preller Abuse of Process, Alimony, Contempt of Court, Divorce, Magistrate's Court jurisdiction, Procedural Law, Rule 43 Contempt, Rule 43 orders, Spousal Maintenance attorney-client costs, Bannatyne decision, Burden of Proof, Civil Contempt, Constitutional Court, contempt of court, Fakie test, financial disclosure, forum shopping, inability to pay defence, magistrate's court jurisdiction, maintenance arrears, maintenance contempt, maintenance enforcement, mala fides, Pheko case, procedural abuse, Rule 43 proceedings, Rule 43(6) variation, Suspended Sentence, wilful non-compliance Forum Shopping and Maintenance Contempt: M.M v M.F (2023-024319) [2025] ZAGPJHC 857 (4 September 2025) – When Procedural Abuse Meets the Fakie Test. Factual Matrix: From Rule 43 Order to Contempt Proceedings The factual backdrop to this matter illustrates the unfortunate reality facing many maintenance beneficiaries in South Africa. The parties, former spouses… READ MORE
22/08/2025 Bertus Preller Alienation, Alimony, Arrear Maintenance, Arrear Maintenance Variation, Best Interests of the Child, Child Maintenance, Children, Contempt of Court, Interim Maintenance, Maintenance, Maintenance order enforcement, Parental Alienation, Parental Rights, Rule 43, Rule 43 Contempt, Rule 43 orders, Spousal Maintenance beyond reasonable doubt standard, child maintenance default, Children's Act contempt, civil criminal contempt hybrid, Constitutional Court contempt, constitutional rights contempt, contact order violations, contempt defenses, contempt of court, contempt proceedings procedure, court order enforcement, custody order violations, Divorce Act enforcement, fair trial rights, genuine inability defense, L.L.K v P.K case analysis, maintenance order enforcement, parenting plan contempt, punitive costs contempt, purge contempt conditions, Rule 43 maintenance, South African Family Law, spousal maintenance contempt, suspended imprisonment contempt, weekend imprisonment, wilful contempt mala fide From Case to Comprehensive Analysis: L.L.K v P.K (D317/2019) [2025] ZAKZDHC 54 Sparks Deep Dive into Contempt of Court in South African Family Law – Constitutional Protections, Enforcement Mechanisms, and Evolving Jurisprudence. Introduction and Context Contempt of court in South African law refers to the wilful and mala fide (bad faith) refusal to comply with a court order. In the realm of… READ MORE
12/08/2025 Bertus Preller Adult Children, Alimony, Arbitration, Arrear Maintenace, Arrear Maintenance, Arrear Maintenance Variation, Arrears, Best Interests of the Child, Child Maintenance, Child protection, Children, Division of Estate, DNA testing, Financial Disclosure, Interim Maintenance, Maintenance, Maintenance Calculator, Maintenance Court, Marriage, Procedural Law, Procedure, Rule 43, Rule 43 Contempt, Rule 43 Cost Contributions, Rule 43 orders, Rule 58, Spousal Maintenance best interests of the child, calculate child maintenance, calculate spousal maintenance, child maintenance South Africa, child support arrears, Children’s Act maintenance, Divorce Act South Africa, divorce maintenance law, divorce settlement South Africa, emoluments attachment order, garnishee order South Africa, interim maintenance South Africa, lifelong spousal maintenance, maintenance amendment act 2015, maintenance calculation formula, maintenance calculator South Africa, maintenance court procedure, maintenance court South Africa, maintenance enforcement South Africa, maintenance variation South Africa, major child maintenance South Africa, parental duty of support, post-divorce maintenance, rehabilitative maintenance, Rule 43 maintenance, Section 7(2) Divorce Act, South African Maintenance Act, spousal maintenance South Africa, token maintenance Child and Spousal Maintenance in South Africa: Complete Guide to Legal Duties, Court Processes, and Case Law (2025 Edition). Introduction Child and spousal maintenance are critical aspects of family law in South Africa, ensuring that dependents are cared for financially when families break up or circumstances change. Maintenance generally… READ MORE
08/08/2025 Bertus Preller Arrear Maintenance, Arrear Maintenance Variation, Arrears, Contempt of Court, Costs, Divorce, Interim Maintenance, International Divorce, Maintenance, Medical incapacity, Procedure, Punitive Cost Orders, Rule 43, Rule 43 Contempt, Rule 43 Cost Contributions, Rule 43 orders, Rule 58, Variation Rule 43(6) attachment of assets, contempt of court, cross-border maintenance, currency considerations, disability pension, divorce proceedings, enforcement mechanisms, foreign curatorship, international family law, Lekhuleni JD, maintenance arrears, maintenance enforcement, maintenance obligations, medical incapacity, party and party costs, Pendente Lite, Rule 43 orders, Rule 43(6) variation, skiing accident, spousal maintenance, stroke defence, Swiss curatorship, Swiss francs, Trust assets, warrants of execution, Western Cape High Court, wilful contempt When Strokes Don’t Stop Support: Medical Incapacity Fails as Maintenance Defence in NLD v ML (Case No 5785/22) [2025] ZAWCHC 337 (6 August 2025). Factual Matrix: When Medical Incapacity Meets Maintenance Obligations The parties in this matter, heard before Lekhuleni J, were married in Switzerland on 23 June 2000, with their marriage remaining subsisting… READ MORE