28/07/2026 Bertus Preller Alimony, Bystander test, Child Maintenance, Children, Consent paper rectification, Divorce, Divorce settlement agreement, Dum casta clause, Educational expenses divorce, Holiday allowance maintenance, Implied terms contract, Maintenance, Maintenance Court, Maintenance order variation, Medical expenses divorce, rReasonableness of maintenance expenses, Spousal Maintenance best interests of the child, business efficacy, bystander test, citing a trust in litigation, consent paper rectification, contempt of court maintenance, Divorce Attorney Cape Town, divorce settlement agreement, dum casta clause, educational expenses divorce, Endumeni interpretation, family law South Africa, good faith negotiation, holiday allowance maintenance, implied terms contract, maintenance disputes, maintenance order variation, medical expenses divorce, post-divorce litigation, public policy contracts, reasonableness of maintenance expenses, rectification of agreement, RJS v LAS, trustees representative capacity, upper guardian of minor children, variation of consent paper, Western Cape High Court, Wille J, ZAWCHC 377 The Limitless Gold Credit Card Myth: Why “All” Maintenance Expenses Must Still Be Reasonable — R.J.S and Others v L.A.S (A228/2025) [2026] ZAWCHC 377 (27 July 2026). The Facts: A Consent Paper and a Tsunami of Post-Divorce Litigation The judgment of Wille J in R.J.S and Others v L.A.S (A228/2025) ZAWCHC 377 (27 July 2026) arises from… READ MORE
25/06/2026 Bertus Preller Alimony, Arrear Maintenance, Arrear maintenance claims, Child Maintenance, Children, Civil contempt South Africa, Contempt of Court, Contempt of court maintenance, Divorce, Financial non-disclosure, Maintenance, Maintenance Court, Maintenance Court, Maintenance order enforcement, Non-disclosure consequences, Plascon Evans Rule, Post-divorce maintenance, Post-divorce maintenance enforcement, Spousal Maintenance, Uberrimae fidei matrimonial proceedings Arrear Maintenance, Attorney and Client Costs, beyond reasonable doubt, child maintenance, Civil Contempt, contempt of court, Contempt Proceedings, Davis AJ, Dezius v Dezius, Divorce Act, dolus eventualis, Eke v Parsons, evidential burden, Fakie v CCII Systems, family law South Africa, financial disclosure, full and frank disclosure, inability to pay defence, luxuries non-essentials, maintenance court variation, maintenance debtor, Maintenance Order, parental maintenance obligations, Pheko v Ekurhuleni, Plascon-Evans rule, poverty defence, settlement agreement order of court, Western Cape High Court, wilful and mala fide When “I Can’t Pay” Becomes Contempt: Luxuries, Maintenance Arrears and the Duty of Full Disclosure in D.W v J.L.K (12604/2015) [2026] ZAWCHC 322 (17 June 2026). D.W v J.L.K (12604/2015) ZAWCHC 322 (17 June 2026) The facts: a maintenance debtor who paid for luxuries before his children The applicant and respondent divorced in 2015. In terms… READ MORE
12/04/2026 Bertus Preller Child born outside marriage, Child Maintenance, Children, Divorce, In Community of Property, Maintenance Court, Maintenance order enforcement, Rule 43, Rule 43 orders, Spousal Maintenance child born outside marriage, community of property divorce, costs in the divorce, divorce litigation South Africa, divorce proceedings South Africa, EH v SH, extra-marital child maintenance, family law South Africa, Forfeiture of benefits, Gauteng High Court, interim maintenance, interlocutory divorce relief, joint estate, joint property income, maintenance duty stepchild, minor child support, NM v BM, pendente lite maintenance, pendente lite relief, rental income divorce, Reyneke v Reyneke, Rule 43, Rule 43 limitations, South African divorce law, spousal maintenance, step-parent maintenance duty, trial court jurisdiction, Uniform Rules of Court, ZAGPJHC When Love Goes Wrong and the Law Says No: The Limits of Rule 43 and a Husband’s Failed Bid for Maintenance and Rental Income — C.M.N v N.N (2025/177461) [2026] ZAGPJHC 320 (31 March 2026). The Facts: An Unemployed Husband, an Extra-Marital Child, and a Contested Rental Income This is an opposed application brought in terms of Rule 43 of the Uniform Rules of Court… READ MORE
16/03/2026 Bertus Preller Alimony, Appeal, Arrear Maintenace, Arrear Maintenance, Arrear maintenance claims, Best Interests of the Child, Child Maintenance, Children, Divorce, Duty to maintain, Interim Maintenance, Interlocutory applications, Irregular proceedings, Leave to appeal Superior Courts Act, Maintenance, Maintenance Court, Parental Rights, Pendente Lite, Procedural Law, Punitive costs orders, Rule 43, Rule 43 Appeal, Rule 43 Applications, Rule 43 orders, Rule 58, Spousal Maintenance, Stepparents, Variation Rule 43(6) accrual system, appealability, blended families, common law development, Divorce, divorce proceedings, duty of support, Family Law, Govindjee AJA, interests of justice, interim maintenance, interim relief, jurisdictional threshold, maintenance pendente lite, non-appealability, out of community of property, piecemeal appeals, Rule 43, Rule 43(6), SCA, section 16(3), section 173 Constitution, South African divorce law, statutory bar, stepchildren, stepparent maintenance, Superior Courts Act, Supreme Court of Appeal, Western Cape High Court Blended Families, Bitter Disputes and a Blocked Appeal: The SCA Draws the Line on Rule 43 Appealability in B.E v N.T and Others (505/2025) [2026] ZASCA 25 (11 March 2026). The Facts: A Blended Family, a Breakdown, and a Battle Over Stepchildren's Maintenance BE and NT married on 27 April 2018, out of community of property subject to the accrual… READ MORE
01/03/2026 Bertus Preller Appeal, Arrear maintenance claims, Arrear Maintenance Variation, Child Maintenance, Children, Contempt of court maintenance, Duty to maintain, Maintenance, Maintenance Act 99 of 1998, Maintenance Calculator, Maintenance Calculator, Maintenance Court, Maintenance Court, Maintenance order enforcement, Noting a maintenance appeal, Regulation 15 maintenance appeal, Section 15 Maintenance Act, Section 25 maintenance appeal, Technology in Law appellate interference maintenance, calendar days versus court days, Cape Town maintenance court, child maintenance South Africa, CPI escalation maintenance, Douglas v Douglas, duty to maintain children, education price index, household expense apportionment, Interpretation Act 33 of 1957, Magistrates' Court Rules, Maintenance Act 99 of 1998, maintenance appeal, maintenance appeal time limits, maintenance court, maintenance enquiry, maintenance formula, Maintenance Order, medical costs maintenance order, Mentz v Simpson, noting a maintenance appeal, pro rata maintenance calculation, reasonable maintenance expenses, Regulation 15 maintenance appeal, school fees maintenance, section 15 Maintenance Act, section 25 maintenance appeal, unrepresented litigant maintenance, Western Cape High Court Maintenance Appeals Unpacked: Timing, Calculations and the Separation of Costs — T.M-S v I.N (Appeal) (A31/2025) [2026] ZAWCHC 72 (19 February 2026). The Facts: A Maintenance Enquiry Gone Awry The matter of T.M-S v I.N (Appeal) (A31/2025) ZAWCHC 72 (19 February 2026) came before Pangarker J and Davis AJ in the Western… READ MORE
13/12/2025 Bertus Preller Adult Children, Arrear Maintenance, Arrear maintenance claims, Arrear Maintenance Variation, Child Maintenance, Children, Contempt of court maintenance, Costs, Divorce order interpretation, Locus standi adult dependent children, Maintenance, Maintenance Calculator, Maintenance Calculator, Maintenance Court, Maintenance order enforcement, Major children maintenance rights, Natural guardianship termination, Parent standing enforcement, Post-divorce maintenance enforcement, Procedural Law, Punitive Cost Orders, Section 6(3) Divorce Act, Self-supporting children definition, Settlement agreement drafting adult dependents tertiary education, ancillary maintenance orders, arrear maintenance claims, Bannatyne contempt proceedings, best interests child section 28(2), Bursey common law duty support, civil claim reimbursement, contempt of court maintenance, divorce order interpretation, divorce settlement clauses, Endumeni interpretation principles, family law practitioners, locus standi adult dependent children, Maintenance Act enforcement, maintenance order enforcement, major children maintenance rights, natural guardianship termination, parent standing enforcement, payment recipient designation, PL v YL settlement agreements, post-divorce maintenance enforcement, primary caregiver designation, section 6(3) Divorce Act, section 8 Divorce Act variation, self-supporting children definition, settlement agreement drafting, Western Cape Full Court, Z v Z distinction Parents Stripped of Enforcement Rights for Adult Children’s Maintenance Post-Divorce: A Critical Analysis of R.L v J.F.D.L (A128/2024) [2025] ZAWCHC 585 (12 December 2025). The Facts: Post-Divorce Enforcement of Maintenance for Adult Dependent Children The appellant and respondent were married in community of property for thirty years before divorcing in the High Court on… 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
04/08/2025 Bertus Preller Abuse of Process, Alimony, Anti-Dissipation Interdicts, anti-dissipatory relief, Child Maintenance, Children, Divorce, International Divorce, Maintenance, Procedural Law, Spousal Maintenance abuse of process, anti-dissipatory interdict, asset dissipation, asset protection, balance of convenience, Bassani Mining, bona fide expenditure, child maintenance, Colombian marriage law, cost orders, cross-border divorce, divorce proceedings, Family Law, foreign matrimonial regime, Hemiparesis disability, intention requirement, interim interdict, international divorce, jurisdictional requirements, Knox D'Arcy test, KSL v AL, mala fide conduct, matrimonial law, prima facie right, procedural pitfalls, spousal maintenance, urgent applications, Western Cape High Court Title: When Cross-Border Divorces Meet Anti-Dissipatory Interdicts: Intention, Abuse of Process and the Knox D’Arcy Test in T.S v J.V.C.P and Another (20783/24) [2025] ZAWCHC 325 (1 August 2025). Factual Matrix: A Cross-Border Marriage in Crisis This case presents the complexities that arise when a marriage governed by foreign law encounters the South African legal system during dissolution proceedings.… READ MORE
25/06/2025 Bertus Preller anti-dissipatory relief, Arrears, Best Interests of the Child, Child Maintenance, Children, Children's Court, Divorce, Maintenance, Maintenance Court, Preservation Order anti-dissipation interdict, best interests of child, child maintenance, court amendment powers, divorce settlement agreements, finality principle, financial disclosure, future maintenance, High Court jurisdiction, Maintenance Act 99 of 1998, maintenance arrears, maintenance obligations, parental support duties, preservation orders, property sale proceeds, reciprocal parental duties, Regional Court orders, rule 42 uniform rules, Section 28 Constitution, sectional title property, shared responsibility, South African Family Law, trust account preservation, unemployment maintenance, upper guardian, Western Cape High Court, ZAWCHC When Courts Will Preserve Property Sale Proceeds for Child Maintenance: D.D.B v T.D.B and Another (2025/073213) [2025] ZAWCHC 250 (19 June 2025). Establishes Shared Parental Responsibility. Key Takeaways This Western Cape High Court judgment establishes several crucial principles for family law practitioners and divorced parents navigating maintenance disputes. Courts will only grant preservation orders for future… READ MORE