13/06/2024 Bertus Preller Accrual Calculation, Anti-Dissipation Interdicts, anti-dissipatory relief, Appeal, Divorce, Procedural Law accrual system, anti-dissipation interdict, appealability, asset dissipation, constitutional values, constitutionalization, Divorce, evidentiary threshold, exceptional circumstances, fair outcomes, Family Law, intentions, interests of justice, interim orders, judicial accountability, KSL v AL, legal developments, legal principles, marital property, matrimonial disputes, precedents, rule 34 offers, settlement negotiations, South African Law, strategic litigation, Supreme Court of Appeal The SCA Unraveling the Intricacies of Anti-Dissipation Interdicts in Matrimonial Disputes: Lessons from KSL v AL (356/2023) [2024] ZASCA 96 (13 June 2024). The Lowdown: Facts and Background of KSL v AL (356/2023) ZASCA 96 (13 June 2024) The saga of KSL v AL began when KSL (the husband) tied the knot with… READ MORE
12/06/2024 Bertus Preller Alimony, Appeal, Arbitration, Arrears, Child Maintenance, Divorce, Maintenance, Procedural Law, Procedure, Spousal Maintenance 11 June 2024, 258/2023, access to courts, arbitrability, arbitration, Arbitration Act 42 of 1965, Arrear Maintenance, Divorce Act 70 of 1979, Enforcement, ex lege, Family Law, incidental matters, jurisdiction, legislative provisions, Maintenance Act 99 of 1998, maintenance disputes, matrimonial cause, party autonomy, precedent, public importance, rescission, section 2(a), suspension, variation, VJ v VJ and Another, vulnerable parties, ZASCA 92 Safeguarding Access to Courts in Maintenance Matters: The Supreme Court of Appeal’s Judgement in VJ v VJ and Another (258/2023) [2024] ZASCA 92 (11 June 2024). The Background: A Matrimonial Dispute Turns into an Arbitrability Question The recent judgment in VJ v VJ and Another (258/2023) ZASCA 92 (11 June 2024) has shed light on a… READ MORE
27/04/2024 Bertus Preller Appeal, Divorce, Maintenance, Procedural Law, Review, Rule 43 2019 (6) SA 1 (CC), access to courts, appealability, best interests of the child, constitutionality, contributions towards costs, differentiation, divorce proceedings, equality before the law, Equality of Arms, inherent power, interests of justice, interim care, interim contact, interim matrimonial matters, interim orders, legitimate government purpose, maintenance pendente lite, non-appealability, rationality test, regulate own processes, Rule 43, S v S and Another (Centre for Child Law as Amicus Curiae), section 16(3), Superior Courts Act 10 of 2013, Uniform Rules of Court, urgent relief, variation of order Constitutionality of Barring Appeals Against Rule 43 Orders: S v S and Another (Centre for Child Law as Amicus Curiae) 2019 (6) SA 1 (CC). Introduction: The Facts and Procedural History of S v S and Another The Constitutional Court case of S v S and Another (Centre for Child Law as Amicus Curiae) 2019… READ MORE
23/04/2024 Bertus Preller Appeal, Divorce, In Community of Property, Procedural Law appeal upheld, appealability, compelling discovery, divorce proceedings, doctrine of finality, H.J v P.J, High Court, interests of justice, interlocutory orders, precedent, Rall v Rall, regional court, section 168(3) Constitution, striking off the roll, Superior Courts Act, ZASCA H.J v P.J (285/2023) [2024] ZASCA 55 (19 April 2024): Supreme Court of Appeal Rules on Appealability of Interlocutory Orders in Divorce Proceedings. Divorce Proceedings and Request for Further Particulars in H.J v P.J The case of H.J v P.J (285/2023) ZASCA 55 (19 April 2024) revolves around a divorce dispute between the… READ MORE
23/03/2024 Bertus Preller Accrual Calculation, Appeal, Divorce, Marital Regimes, Trusts, Trusts accrual system, alter ego trust, Antenuptial Contracts, Asset Concealment, asset protection, Divorce, equitable division, estate calculation, financial manipulation, financial strategy, judicial interpretation, Legal precedents, legal remedies, marital rights, marital wealth, matrimonial disputes, matrimonial property, Paf v Scf, Property Division, South African Law, spouse entitlements, Trust assets, Trust Property Control Act, trust veil Unraveling Trust Assets in Divorce: Navigating South African Matrimonial Law. Trust Assets in Matrimonial Disputes: Navigating South African Legal Waters In South African family law, the treatment of trust assets in matrimonial disputes, particularly during divorce proceedings, presents a complex… READ MORE
22/02/2024 Bertus Preller Appeal, Children, Costs, Mootness, Relocation awarding of costs, best interests of the child, child custody appeals, Child Relocation, family court decisions, family law appeals, High Court judgments, legal appeals, legal challenges in relocation, legal disputes over child care, legal implications of relocation, legal precedents in family law, legal strategies in family disputes, maintenance payments and custody, mootness in law, Parental Rights, punitive cost orders, South African Family Law, T.R v S.M Deciphering the Legal Labyrinth: T.R v S.M (035901/2023) [2024] ZAGPJHC 1745 (21 February 2024) and the Intricacies of Family Law Appeals Background In a recent judgment by the Gauteng Local Division of the High Court in Johannesburg, the case between T.R. (Applicant) and S.M. (Respondent) was deliberated. The Applicant sought leave… READ MORE
22/02/2024 Bertus Preller Appeal, Children, Mootness, Parental Rights, Procedural Law, Procedure best interests of the child, child custody appeal, child-centric approach, Children’s Court Randburg, contact order disputes, court's role in child welfare, custody and care arrangements, evolving family law practices, Family Advocate role, family dispute resolution, family law implications, forensic investigation for child's welfare, Gauteng High Court, interdisciplinary approach in custody cases, interim legal orders, judicial discretion in family cases, KA v KN, legal advocacy in custody cases, legal challenges in separation, legal precedents in custody cases, legal principles in custody, legal strategies in family law., mootness in law, new evidence on appeal, paramountcy principle in child law, Parental Rights, procedural norms in appeals, professional legal analysis, South African Family Law Navigating Child Custody Appeals: Insights from: KA v KN (A2023/055189) [2024] ZAGPJHC 147 (21 February 2024) and the Paramountcy of the Child’s Best Interests. In a case heard by the Gauteng Division of the High Court in Johannesburg, an appeal was lodged against a contact order originally granted by the Children’s Court in Randburg.… READ MORE
02/02/2024 Bertus Preller Appeal, Mootness, Procedure admissibility, appeals, appellate proceedings, civil union, Court Rulings, customary marriage, division of estate, finality in trials, hearsay evidence, Herbstein and Van Winsen, jurisprudence, Legal Framework, Legal precedents, legal principles, lobola, Marital Disputes, matrimonial benefits, matrimonial property, mootness doctrine, N B v T B, Narius Moloto v The Pan Africanist Congress Of Azania, new evidence, practical effect, South African Law, Superior Courts Act, ZAECMHC Navigating Marital Disputes and New Evidence in Appeals: Insights from N B v T B and Another. – N B v T B and Another (2669/2021; CA 81/2022) [2024] ZAECMHC 8 (30 January 2024), also cited as N.P.B v T.I.B and Another – Appeal (CA 81/2022) [2024] ZAECMHC 4 (30 January 2024). Introduction In the case of N B v T B and Another (2669/2021; CA 81/2022) ZAECMHC 8 (30 January 2024), the court was presented with an appeal against the decision… READ MORE