01/07/2023 Bertus Preller Children, Life Partnerships, Living Together, Relocation best interests of minor children, cohabitation, Constitutional Court, discrimination, Divorce, Divorce Attorney Cape Town, Divorce News, equality, human dignity, landmark judgement, married parents, Mediation in Certain Divorce Matters Act 24 of 1987, never-married parents, Office of the Family Advocate, Section 4, South Africa, South African Constitution relocation Landmark Constitutional Court Ruling: Equal Access to Family Advocate Services for All Parents in South Africa. CENTRE FOR CHILD LAW V T S AND OTHERS ZACC 22 - 29 June 2023 THE FACTS The facts of the Centre for Child Law v T S and Others… READ MORE
10/01/2023 Bertus Preller Children, Divorce, Relocation Bertus Preller, Divorce, Divorce News, Family Law, new family law cases, relocation Court grants mother order to relocate to Cape Town. In the case of ADB v BAK (15944/22P) ZAKZPHC 1 (9 January 2023), the court granted an order in favour of the mother to relocate from Durban to Cape Town.… READ MORE
06/01/2023 Bertus Preller Children, Divorce, Maintenance, Relocation adversarial litigation, Bertus Preller, Divorce Attorney Cape Town, Divorce Attorney South Africa, Family Law, Family Law Attorney conduct, Family Lawyer, Family Lawyer conduct The Conduct of Family Lawyers In my previous post I did a case summary of the matter of DD v DHE an application which dealt with the relocation of a minor child from South Africa… READ MORE
02/01/2023 Bertus Preller Children, Divorce, Relocation child rights, costs, Divorce, Family Law, relocation, relocation law, Section 28 Constitution, voice of the child Court Grants Order in Favour of Father to Relocate with Daughter to Croatia In the unreported case of DD v DHE, under case number 14582/2022, the Gauteng High Court granted an order to the father to relocate with his 13 year old daughter… READ MORE
10/11/2022 Bertus Preller Children care and contact, children's act, contempt of court, custody, father's rights, parental alienation, parenting plan, relocation, unmarried father Judge Gives Primary Care of Child To Father In the matter of V v L (1575/2021) ZAFSHC 284 (21 October 2022), the court granted primary residence of a three-year-old child to the father. The court also expressed, that… READ MORE
24/07/2022 Bertus Preller Alimony, Arrears, Children, Divorce, Interim Maintenance, Maintenance, Rule 43 Child Support News, Divorce, Divorce Lawyer Cape Town, Family Law, Lanmark case, maintenance, maintenance aduld child, maintenance laws, Supreme Court of Appeal Supreme Court of Appeal Rule that you can claim maintenance for your children older than 18 years. On the breakdown of a marriage or similar relationship it is mostly mothers who become the custodial parent and have to care for the children. This puts an further financial… READ MORE
12/02/2022 Bertus Preller Children, Maintenance Bertus Preller, child maintenance, child support, Divorce, Divorce Attorney Cape Town, divorce order, Family Law, magistrates court, maintenance, maintenance appeal, maintenance court, maintenance writ, prescription Man ordered to pay R3 million in maintenance 29 years after divorce In the case of Simon Roy Arcus v Jill Henree Arcus (4/2021) ZASCA 9 the Supreme Court of Appeal dealt with the interpretation of s 11(a)(ii) of the Prescription Act 68… READ MORE
29/01/2022 Bertus Preller Alimony, Children, Divorce, Interim Maintenance, Maintenance, Rule 43 accrual system, Bertus Preller, children's education, children's stability, community of property, contribution to legal expenses, digital investigation, Divorce, Divorce Attorney Cape Town, divorce mediation, divorce proceedings, Divorce process, divorce settlements, Family Law, finances, financial affairs in divorce, financial disclosure, husband's financial information, insurance policy, interim maintenance, legal negotiations, Legal Representation, maintenance cover, marital estate, matrimonial home, mediation organizations, parenting plan, pension fund division, Primary Caregiver, Property Division, restraining order, retirement annuity, shared parenting, spousal support, women's financial rights Divorce – What every woman should know Making the choice to divorce is a difficult one, and the risk are it’s followed by an even more traumatic lead-up to the divorce, it is like a roller-coaster on… READ MORE