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
22/04/2024 Bertus Preller Arrears, Child Maintenance, Children, Divorce, Maintenance, Procedure arrears, attachment of assets, costs order, counsel's fees, discretion, divorce order, factual basis, Family Law, High Court, inherent jurisdiction, injustice, maintenance court, maintenance enforcement, movable property, new costs rules, oppressive conduct, post-divorce dispute, precedent, right of election, self-supporting children, settlement agreement, stay of execution, substantive engagement, taxation, trust funds, Writ of Execution High Court Upholds Writ of Execution for Unpaid Maintenance Despite Forum Challenge. – M.R v L.O and Others (2023/070007) [2024] ZAGPJHC 371, (16 April 2024). Facts of the Case M.R v L.O and Others revolves around a dispute between former spouses over allegedly unpaid child maintenance. When the parties divorced, their divorce order incorporated a… READ MORE
11/03/2024 Bertus Preller Child Maintenance, Children, Divorce, Divorce Statistics, Family Law Court System South Africa, Mediation Access to Justice, Alternative Dispute Resolution, best interests of the child, Child Custody, court backlogs, court efficiency, Divorce, domestic violence, Family Advocate, family court challenges, family law reform, family law research, interim report, judicial training, justice system, Karen Botha, Legal Representation, Mediation, power imbalances, South African family courts, specialization, standardization, unrepresented litigants Dysfunction in South Africa’s Family Law System: Insights from a Groundbreaking Report. – March 2024. Introduction South Africa is renowned for having some of the most progressive family law legislation in the world, including the Children's Act 38 of 2005, the Domestic Violence Act 116… READ MORE
26/02/2024 Bertus Preller Alimony, Antenuptial Contracts, Child Maintenance, Children, Costs, Divorce, Interim Maintenance, Maintenance, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance accrual system, Asset Division, best interests of children, child maintenance, Court Decisions, court ruling, Divorce, divorce litigation, Equality of Arms, equitable distribution, Family Court, Family Law, financial disparity, Financial Disputes, interim relief, Legal Costs, legal obligations, legal principles, Legal proceedings, Legal Representation, maintenance determination, marital breakdown, marital standard of living, matrimonial assets, Parental Responsibilities, Rule 43, South Africa, spousal maintenance, Uniform Rules of Court Deciphering Divorce: A Rule 43 Ruling on Maintenance and a Contribution to Legal Costs – M Q v V S (0221062023) 2024 ZAGPJHC 188 (23 February 2024). Introduction to the Application for Maintenance and Legal Contributions In this Rule 43 application the court was presented with an intricate application concerning the financial sustenance and legal cost contributions… READ MORE
12/02/2024 Bertus Preller Alimony, Alternative Dispute Resolution, Child Maintenance, Children, Divorce, Interim Maintenance, Maintenance, Parental Rights, Relocation, Rule 43, Spousal Maintenance achieving fair maintenance orders, calculating maintenance, child support, children's welfare in divorce, court analysis, discretion in family court, Divorce Litigation Costs, divorce proceedings, family court judicial decisions, family law insights, financial assistance impact, financial disclosure, financial obligations in divorce, good faith in legal proceedings, interim maintenance, legal obligations of parents, legal precedents in maintenance, legal strategy in family law, maintenance application guidance, maintenance disputes resolution, maintenance order implications, MD v RJD case, navigating divorce challenges, parental financial responsibility, primary residency rulings, reasonable parental contact, Rule 43, Rule 43 applications, South African Family Law Rule 43 Unpacked: Navigating Interim Maintenance in MD v RJD (053357/2022) [2024] ZAGPPHC 79 (5 February 2024). Introduction In the case of MD v RJD (053357/2022) ZAGPPHC 79 (5 February 2024), the Gauteng Division of the High Court delved into the complexities of interim maintenance for children… READ MORE
06/02/2024 Bertus Preller Adultery, Child Maintenance, Costs, Divorce, Forfeiture of Benefits, Pension Funds A.R.S vs M.S.S, academic achievements in marriage dynamics, academic qualifications impact, allegations of adultery, benefits forfeiture, child maintenance South Africa, child welfare considerations, community of property adjustments, community property division, division of marital property, divorce analysis South Africa, equitable division in divorce, Family Law, Financial contributions, financial implications of divorce, Government Employees Pension Fund rights, infidelity impact on divorce, legal case insights, legal principles in divorce, legal strategies in divorce, maintenance disputes, marital misconduct, parental responsibilities and rights, pension interest dispute, Polokwane High Court decision, property rights divorce, Rule 43 applications, SIKHWARI AJ judgement, South African Breweries pension Navigating Divorce: A.R.S (born K) v M.S.S (2427/2021) [2024] ZALMPPHC 10 (30 January 2024) and Forfeiture Insights. Introduction and Background of the Case In the matter of A.R.S (born K) vs M.S.S (2427/2021) ZALMPPHC 10, delivered on 30 January 2024 by SIKHWARI AJ, the plaintiff initiated divorce… READ MORE
31/01/2024 Bertus Preller Child Maintenance, Children, Review Court of public opinion, Default order dispute, Fair hearing principles, high court rulings, Judge APS Nxumalo, judicial decision-making, Jurisdictional analysis, Legal argument analysis, Legal blog content, legal case study, legal interpretation, Legal precedent analysis, Legal procedural fairness, Legal remedy exclusivity, Legal review, Legal rights in divorce, Locus standi in law, Maintenance Act 1998, Maintenance court procedures, Maintenance order challenge, Procedural irregularities, Section 18 Maintenance Act, South African Family Law, South African High Court, South African legal analysis, South African Maritime Safety Authority v McKenzie, Statutory obligation interpretation, Statutory remedies, Thomas v Balepile Unraveling Justice: The Thomas v Balepile Case and South Africa’s Maintenance Law Maze. – Thomas v Balepile (61/2021; CA&R 68/23) [2024] ZANCHC 4 (26 January 2024). Introduction In a recent and significant decision, Thomas v Balepile (61/2021; CA&R 68/23) ZANCHC 4, delivered on 26 January 2024, the High Court of South Africa, Northern Cape Division, under… READ MORE
24/01/2024 Bertus Preller Child Maintenance, Children, Maintenance Case Law Analysis, Cause of Action, Court Procedures, Court Rulings, Courtroom Tactics, Defense Strategy, Exception Handling, Exception Success, Judicial Reasoning, Legal Claims, Legal Clarification, Legal Disputes, Legal Doctrine, Legal Exceptions, Legal Framework, legal interpretation, Legal Obstructions, Legal precedents, legal principles, Legal Technicalities, Litigation Process, Litigation Strategy, Over-Technical Approach, Pleading Challenges, Pleading Sufficiency, Pleadings Assessment, Procedural Tactics, Substantive Law, Substantive Questions Navigating Parental Maintenance Obligations and Mastering Legal Exceptions: The KGANYAGO J Judgment in Context. – U.DJ v J.H.O (9169/2022) [2024] ZALMPPHC 2 (15 January 2024). Background and Plaintiff’s Claims The case involves the plaintiff and defendant, who are the parents of a child now of majority age. Following the breakdown of their relationship, the child… READ MORE