24/10/2024 Bertus Preller Adversarial Legal System, Best Interests of the Child, Child Maintenance, Children, Costs, Divorce, Family Law Court System South Africa, Financial Disclosure, Maintenance, Parental Rights, Procedural Law, Settlement agreements, Shared Residency attorney misconduct, attorney responsibility, Children's Best Interests, children's act, court officers, court protocols, court upper guardian, Divorce Act, Divorce Law, divorce maintenance, divorce proceedings, divorce settlements, family advocate investigations, Family Advocate role, Family Law, High Court judgments, judicial criticism, Legal Ethics, legal fees disallowed, legal practice standards, legal practitioner duties, maintenance obligations, professional boundaries, professional conduct, shared custody, shared residency, unopposed divorce, WhatsApp communication Attorney’s WhatsApp Blunder Costs Fees in Shared Residency Battle – P.V.Z v L.V.Z (047502/2024 ; 36830/2022 ; 064524/2023) [2024] ZAGPPHC 1046. Shared Residency: Not Always the Default Solution for Divorced Parents In a groundbreaking judgment delivered by Acting Judge Haupt in P.V.Z v L.V.Z (047502/2024; 36830/2022; 064524/2023) ZAGPPHC 1046, the Gauteng… READ MORE
18/10/2024 Bertus Preller Adversarial Legal System, Best Interests of the Child, Child Maintenance, Children, Cohabitation, Costs, Divorce, International Divorce, Procedural Law, Relocation, Separation Applications child maintenance, cross-border family law, Dubai relocation, enforceability, High Court Judgment, international divorce, jurisdiction, minor children's interests, punitive costs, Rule 33(4), Rule 43, separation of issues, South Africa, Urgent Application Dubai Dreams vs. Divorce Duties: GK v KK (2015-96997) [2024] ZAGPPHC 1015 (16 October 2024) – Unravels International Family Law Challenges in Separation Applications. Background: The Complexities of an International Divorce The case of GK v KK (2015-96997) ZAGPPHC 1015 (16 October 2024) highlights the intricate challenges that arise when divorce proceedings intersect with… READ MORE
12/09/2024 Bertus Preller Adversarial Legal System, Alimony, Best Interests of the Child, Child Maintenance, Children, Costs, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance, Stepparents blended families, child support, children's rights, financial disclosure, forensic investigation, High-net-worth divorce, in loco parentis, interim maintenance, Legal Costs, Rule 43 Application, South African Family Law, standard of living, stepparent maintenance, Western Cape High Court Stepparent Obligations Redefined: N.M v B.M and Others (11384/2024) [2024] ZAWCHC 254 (11 September 2024) – Shakes Up Family Law. The Blended Family Dilemma: Stepparent Maintenance in South African Law The recent judgment in N.M v B.M and Others (11384/2024) ZAWCHC 254 (11 September 2024) has brought the complex issue… READ MORE
20/07/2024 Bertus Preller Child Maintenance, Divorce, Marital Regimes, Pension Funds accrual system, Arrear Maintenance, Asset Division, Case Law, community of property, Court Rulings, Divorce Act 70 of 1979, divorce settlements, Family Law, financial landscape, fund depletion, future maintenance, housing loans, legal complexities, Legal precedents, maintenance obligations, maintenance orders, marital dissolution, marital property law, Matrimonial Property Act 88 of 1984, Pension Funds, Pension Funds Amendment Bill 2024, pension interests, retirement benefits, retirement savings, South Africa, South African Law, Two-Pot retirement system The Two-Pot Retirement System and Maintenance: Revolutionising Divorce Settlements in South Africa under the Pension Funds Amendment Bill 2024. Introduction South Africa's financial landscape is on the brink of a significant transformation with the imminent implementation of the Two-Pot retirement system on 1 September 2024. This innovative approach to… READ MORE
13/07/2024 Bertus Preller Artificial fertilisation, Best Interests of the Child, Child Maintenance, Children, Guardianship, Life Partnerships, Parental Rights, Same Sex Couples 2024 ZAGPJHC 626, A.V and Another v D.C, artificial fertilisation, AV and NZ, best interests of the child principle, Child's Best Interests, children's act, co-parenting, Constitutional Court, Contact rights, custody disputes, DC, family advocate report, Family Law, family law practitioners, guardianship, identity and birth certificate, international travel consent, judicial decision, Legal Framework, legal precedent, maintenance payments, medical aid dispute, Parental Rights, permanent life partner, Section 21, Section 23, Section 40, South African Law, VJV case Case on Same-Sex Couples and Artificial Fertilisation: A.V and Another v D.C and Others (40522/19) [2024] ZAGPJHC 626 (26 June 2024) – Balancing Parental Rights and Child’s Best Interests Introduction In A.V and Another v D.C and Others (40522/19) ZAGPJHC 626 (26 June 2024), the applicants, AV and NZ, and the first respondent, DC, initially believed that certain sections… READ MORE
24/06/2024 Bertus Preller Alimony, Child Maintenance, Children, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43, Spousal Maintenance Access to Justice, Bannatyne v Bannatyne, best interests of the child, care and contact arrangements, Cary v Cary, child maintenance, Children’s Act 38 of 2005, cost contribution orders, divorce proceedings, Du Preez v Du Preez, financial disclosure, financial transparency, Gender Equality, high-net-worth divorces, high-stakes divorce, interim maintenance, interim relief, L.E.A v A.J.A, Legal Costs, luxurious lifestyle, Mahikeng, maintenance claims, North-West Division High Court, Rule 43 Application, Section 28 Constitution, South African Law, Taute v Taute, trusts and business interests, WT v KT Balancing Luxury and Justice: High-Stakes Divorce and Child Maintenance in L.E.A v A.J.A (990/2024) [2024] ZANWHC 142 – (21 June 2024). Background: A High-Stakes Rule 43 Application Imagine a prominent business executive, Mr. A.J.A, and his spouse, Mrs. L.E.A, who live a life of luxury in a R25 million home, frequently… READ MORE
15/06/2024 Bertus Preller Adoption, Best Interests of the Child, Child Maintenance, Children, Maintenance, Parental Rights 3 June 2024, A25/2024, adoption process, best interests of the child, child protection, child welfare, child-centric approach, Children’s Act 38 of 2005, Constitutional Rights, Contemporary Society, de facto adoptions, duty of support, emotional bond, familial arrangements, Family Law, High Court, informal adoptions, Legal Framework, legal obligations, legal recognition, Legal Technicalities, maintenance obligations, parental care, Parental Responsibilities, R S v J S and Others, South African Law, voluntary assumption, ZAWCHC 83 Embracing the Best Interests of the Child: A Legal Analysis of De Facto Adoptions and Maintenance Obligations in R S v J S and Others (A25/2024) [2024] ZAWCHC 83 (3 June 2024). Factual Matrix and Procedural History: A Comprehensive Overview of R S v J S and Others (A25/2024) ZAWCHC 83 (3 June 2024) The judgment of R S v J S… 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
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
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