23/07/2026 Bertus Preller Alimony, Best Interests of the Child, Children, Cohabitation, Costs, Divorce, Financial non-disclosure, Interim Maintenance, Maintenance, Non-disclosure consequences, Procedural Law, Rule 43, Rule 43 Applications, Rule 43 Contempt, Rule 43 orders, Spousal Maintenance ability to pay, best interests of the child, child maintenance, Divorce Law, divorce proceedings, earning capacity, family law judgment, financial disclosure, financial non-disclosure, full and frank disclosure, H.L v B.L, inflated expenses, interim maintenance, interim relief, legal costs contribution, maintenance claim, Maintenance Order, maintenance pendente lite, marital standard of living, Minor Children, Njokweni J, Rule 43, Rule 43 Application, South African case law, South African Family Law, spousal maintenance, uberrima fides, Western Cape divorce, Western Cape High Court Candour, Children and the Limits of Interim Maintenance: H.L v B.L (2025/216979) [2026] ZAWCHC 350 (13 July 2026). The factual background and the parties’ competing claims In H.L v B.L (2025/216979) ZAWCHC 350 (13 July 2026), the Western Cape High Court was required to determine an application for… 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
15/06/2026 Bertus Preller 1996 Hague Convention, Abducting parent defences, Abduction, Article 13 defences, Article 13(a) consent, Article 13(b) grave risk, Children, Children's Court, Hague Convention on the Civil Aspects of International Child Abduction acquiescence, Ad Hoc Central Authority, ameliorative measures, Article 12, Article 13, Article 13(a), Article 13(b), Central Authority, Chapter 17, child abduction South Africa, Children’s Act 38 of 2005, Cloete J, ex post facto consent, grave risk defence, habitual residence, Hague Convention, International Child Abduction, KG v GB, Koch case, Penello, Plascon-Evans, relocation application, return order, rights of custody, Smith v Smith, Sonderup v Tondelli, undertakings, Western Cape High Court, wrongful retention Real, Positive and Unequivocal: How Ad Hoc Central Authority for the Republic of South Africa and Another v L.C.C (2026/034707) [2026] ZAWCHC 301 (10 June 2026) Tests Consent and Grave Risk Under the Hague Convention. This judgment is a useful working illustration of how our courts now approach return applications under the Hague Convention on the Civil Aspects of International Child Abduction, incorporated into our… READ MORE
26/05/2026 Bertus Preller Best Interests of the Child, Children, Children's Court, Custody, Economic precarity, Family Advocate, Jurisdiction of convenience, Ordinary residence of child, Primary residence dispute, Psychological vulnerability, Relocation, Section 28 Constitution, Section 29 Children's Act, Unilateral relocation best interests of the child, BLFM v GJM, child relocation Eastern Cape, Contact rights, Coopers v Deutsche Gesellschaft, custody and care, economic precarity, expert evidence family law, Family Advocate recommendation, family law South Africa, FS v JJ, Gauteng Division Johannesburg, High Court jurisdiction children, JS v WF, judicial discretion best interests, jurisdiction of convenience, MV Pasquale Della Gatta, NAN v CN, ordinary residence of child, parental rights and responsibilities, primary residence dispute, psychological vulnerability, relocation dispute, section 20 Children's Act, section 21 Children's Act, section 28(2) Constitution, Section 29 Children's Act, SH v MLH, Wilson J judgment Jurisdiction Is Not a Border Post: Section 29 of the Children’s Act Reconsidered in H.M.M v D.M (2025/140422) [2026] ZAGPJHC 506 (19 May 2026). The Facts: A Relocation, an Expert Report, and a Jurisdictional Challenge The applicant, HMM, and the respondent, DM, were in a relationship for seven years and lived together for much… READ MORE
25/04/2026 Bertus Preller Attorney and client costs, Best Interests of the Child, Children, Children's Court, constitutional rights of children, Contempt of Court, Costs de bonis propriis, Family Advocate, Lawyer-client alignment, Punitive costs orders activist intervention family law, attorney professional conduct, attorney withdrawal, best interests of the child, child care and contact, child custody disputes, Constitution section 1(c), contempt of court, costs de bonis propriis, Court Order Compliance, Fakie contempt, Family Advocate, family law South Africa, High Court contempt proceedings, High Court parenting disputes, lay assistant family law, Legal Practice Council referral, M.N v J.E, parental responsibilities and rights, parenting litigation, Rule of Law, S v Beyer, social workers, suspended fine, suspended imprisonment, unauthorised legal assistance, Uniform Rule 16(4), urgent child return order, ZAWCHC 189 When Activism Crosses the Line: Contempt, Child Welfare and Attorney Accountability in M.N v J.E and Another (2025/221659) [2026] ZAWCHC 189 (20 April 2026). The Facts: A Child Removed from the Father’s Care, an Urgent Return Order, and the Contempt Sequel In M.N v J.E and Another (2025/221659) ZAWCHC 189 (20 April 2026), Pangarker… 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
02/04/2026 Bertus Preller Alimony, Children, Costs, Divorce, Financial non-disclosure, Maintenance, Non-disclosure consequences, Punitive costs orders, Rule 43, Rule 43 Applications, Rule 43 Cost Contributions, Rule 43 orders, Spousal Maintenance, Variation Rule 43(6) 2-2-3 contact schedule, care and contact, child maintenance, costs contribution, divorce costs, divorce proceedings, Fairways Business Trust, Family Advocate, family trust, financial non-disclosure, forensic auditor, Genius Academy, interim maintenance, legal costs contribution, material change of circumstances, matrimonial property, medical aid maintenance, minor child, patriarchal misdirection, pende lite maintenance, right of first refusal, Rule 43, Rule 43(6), social worker report, South African Family Law, spousal maintenance, sworn valuator, Thembalethu High Court, VW Touareg When Opacity Meets Obligation: Spousal Maintenance, Financial Non-Disclosure and the Limits of Rule 43 — J.V.D.B v O.V.D.B (234/25) [2026] ZAWCHC 136 (23 March 2026). The Facts and Background to the Rule 43(6) Application The matter of J.V.D.B v O.V.D.B (234/25) ZAWCHC 136 (23 March 2026) came before Thulare J in the High Court of… READ MORE
30/03/2026 Bertus Preller Amputation minor child, Best interests of child short-term, Best Interests of the Child, Children, constitutional rights of children, Medical treatment minor child, Religious beliefs parental refusal, Section 129(9) Children's Act, Surgical intervention minor child, Traditional healing consent amputation minor child, best interests of the child, children's constitutional rights, Children’s Act 38 of 2005, Family Advocate memorandum, Hay v B, Life Health Care Group v JMS, locus standi hospital, medical treatment minor child, medically accepted alternative, meningococcal septicaemia, National Health Act 61 of 2003, Pangarker J, parental consent minor child, parental rights versus child's rights, Red Cross War Memorial Children's Hospital, religious beliefs parental refusal, section 129 Children's Act, section 129(10) Children's Act, section 129(6) Children's Act, section 129(9) Children's Act, section 28(2) Constitution, section 36 Constitution limitation of rights, surgical intervention minor child, traditional healing consent, upper guardian High Court, urgent application minor child, Western Cape High Court, ZAWCHC 150 When Faith Meets the Scalpel: How the Western Cape High Court Stepped In to Save a Six-Year-Old’s Life — Red Cross War Memorial Children’s Hospital v MD and Another (2026/049305) [2026] ZAWCHC 150 (27 March 2026). The Facts: A Six-Year-Old, Gangrenous Feet and a Family's Unyielding Faith On 19 January 2026, a six-year-old girl, referred to as AD to protect her identity, was admitted to the… READ MORE
20/03/2026 Bertus Preller Children, Divorce, Divorce Statistics, Marriage Statistics South Africa children affected by divorce South Africa, crude divorce rate South Africa, divorce analysis South Africa, divorce and children South Africa, divorce by population group South Africa, divorce litigation trends South Africa, divorce rate South Africa 2024, divorce statistics article South Africa, divorce trends South Africa, family law South Africa, family law trends South Africa, first marriages divorce South Africa, formal divorce statistics South Africa, Gauteng divorce statistics, KwaZulu-Natal divorce statistics, marriage duration divorce South Africa, Marriages and Divorces 2024, median age at divorce South Africa, rise in divorces South Africa, South Africa divorce statistics 2024, South Africa divorce statistics released 19 March 2026, South African court divorces, South African divorce report 2026, South African family breakdown, Stats SA divorce statistics, Stats SA marriages and divorces 2024, Western Cape divorce statistics, who files for divorce South Africa, wives initiate divorce South Africa South Africa’s 2024 divorce statistics, released on 19 March 2026: what changed, what matters, and what the numbers really show. This article explains the key features of Statistics South Africa’s latest divorce release, highlights the most important movements from 2023 to 2024, and places the published figures in their wider… 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