28/09/2023 Bertus Preller Adversarial Legal System, Children, Divorce, Hostile Family Lawyers, Marriage, Parental Rights adversarial dynamics, aggressive legal practices, Bertus Preller, co-parenting challenges, contempt application, Divorce, Divorce Attorney Cape Town, Divorce News, divorce proceedings, Family Law, judicial authority, legal procedural norms, Manamela v Maite case, spoliation order The Detrimental Ripple: Unveiling the Impact of Aggressive, Subjective, and Misguiding Legal Practices on Divorce Proceedings and Co-Parenting. Case Study: Manamela v Maite (2023/055949) ZAGPJHC 1011 (6 September 2023) Introduction In the realm of legal practice, the case of Manamela v Maite in the High Court Johannesbutg presents… READ MORE
26/09/2023 Bertus Preller Antenuptial Contracts, Customary Law, Divorce, Forfeiture of Benefits, Marriage, Parental Rights, Pension Funds Antenuptial Contracts, Asset Division, Bertus Preller, Counterclaims, Divorce Law, Divorce News, Family Law, Financial Obligations, Legal Pleadings, Marital Regimes, Matrimonial Properties Act, Parental Responsibilities The Art of Pleading in Divorce Cases: A Comprehensive Analysis of a recent South African Judgment. Introduction In a recent case heard by the High Court of South Africa, Gauteng Division, Pretoria M.M.A.N v J.M.S (40230/2020) ZAGPPHC 675 (11 August 2023) the plaintiff initiated legal action… READ MORE
23/09/2023 Bertus Preller Children, Parental Rights, Relocation bias mitigation strategies, case law references, Child's Best Interests, children's act, court considerations, cultural bias, cultural competency, cultural shift, Family Law, judiciary discretion, mobility rights, Parental Rights, relocation cases, relocation jurisprudence, shared parenting, South African legal system Unveiling Cultural Bias and Parental Rights: A Deep Dive into South African Relocation Cases. The Risk of Cultural Bias in International Relocation Disputes: A South African Perspective. A scholarly article authored by Dr. Martin Strous, who holds a Ph.D., was recently made public in… READ MORE
22/09/2023 Bertus Preller Abuse, Alimony, Children, Divorce, Financial Disclosure, Forfeiture of Benefits, Maintenance, Marriage, Parental Rights, Pension Funds, Settlement agreements, Spousal Maintenance Asset Division, Bertus Preller, Children's Welfare, court order, Divorce, Divorce Attorney Cape Town, Divorce News, Family Law, Legal Costs, maintenance, Marriage Dissolution, Parental Responsibilities, Pension Forfeiture, Property Valuation, Questionable Conduct, Settlement, South African Law, spousal support When Love Goes Sour and Assets Get Tangled: How One Husband’s Questionable Conduct, Refusal to Settle, and Legal Maneuvering Shaped a Divorce Ruling. N.S v M.F.S (20/27078) ZAGPJHC 1044 (19 September 2023) Litigation History The Defendant represented himself, while the Plaintiff had legal representation. The Defendant filed 12 applications against the Plaintiff, most… READ MORE
20/09/2023 Bertus Preller Abuse, Alienation, Children, Divorce, Marriage, Parental Rights Bertus Preller, Divorce, Divorce Attorney Cape Town, Divorce News, Family Law Family Lawyers on Notice: The Role of the Vexatious Proceedings Act in Curbing Frivolous Litigation and Unethical Conduct. N.K and Another v B.B (30472/21) ZAGPJHC 1025 (15 August 2023 The Application In this application, the first applicant (the ex-husband) and the second applicant (the new wife of the… READ MORE
28/08/2023 Bertus Preller Abuse, Alienation, Children, Parental Rights, Relocation Applicant, Bertus Preller, Child Custody, contempt of court, costs, court order, Divorce, Divorce Attorney Cape Town, Divorce News, divorce proceedings, Family Advocate, Family Law, Imprisonment, Interim Protection Order, legal battle, Mala Fide, Malice, minor child, non-compliance, Parental Rights, relocation, Respondent, Warrant Issued When Parental Rights Clashed with Court Orders: The Urgent Contempt of Court Case of Ruan. P.J.B v E.B (5955/2023) ZALMPPHC 56 (24 July 2023) Introduction In a follow-up to a previous urgent court order concerning joint parental rights, the applicant, known as Ruan, had launched… READ MORE
27/07/2023 Bertus Preller Alimony, Children, Divorce, Interim Maintenance, Maintenance, Parental Rights, Rule 43, Spousal Maintenance, Trusts Adequate Housing, Bertus Preller, child maintenance, Children's Act 38 of 2005, Constitutional Rights, Contact rights, court order, Divorce Attorney Cape Town, Divorce News, divorce proceedings, Equality of Arms, Family Law, financial disclosure, Legal Costs, maintenance, Maintenance Order, Marital Assets, Parental Responsibilities, Primary Residency, right to dignity, Rule 43, South African Law, spousal support Equality of Arms Upheld: Court Orders Husband to Contribute R805,903 Towards Wife’s Legal Costs in Rule 43 Proceedings. Y.M v T.J.M (26526/2022) ZAGPPHC 582 (13 July 2023) The case involved a dispute between two parties identified as Y.M. and T.J.M. This was an application in terms of Rule… READ MORE
09/07/2023 Bertus Preller Abuse, Children, Living Together, Parental Rights age difference, Bertus Preller, biological father, boarding school, child welfare, custody dispute, deception, denial of access, Family Law, impact on child, legal battle, minor child, mother, non-compliance, out of wedlock, parental conflict, physical abuse, protection order, relationship dynamics, sentencing, unconventional parenting, unique case, verbal abuse The Complex Battle for Care and Contact: An Unconventional Case of Parental Conflict, the Views, and the Welfare of a Minor Child. A.C v S.A.M (22507/2021) ZAGPJHC 756 (27 June 2023) INTRODUCTION This matter was initially brought before the court on 18 May 2021 as an urgent application. The applicant sought an… READ MORE
08/07/2023 Bertus Preller Children, Divorce, Marriage, Parental Rights, Relocation Bertus Preller, Best interests of the minor children, Children Act 38 of 2005, Contact rights, Divorce, Divorce Attorney Cape Town, Divorce News, Divorce process, High Court Johannesburg, Lack of urgency, MVN v MN case, Passport and visa application, Pending custody and access application, Regional Court Springs, Relocation to Ireland, Rule 58 application, Termination of parental responsibilities and rights, Urgent application dismissal From South Africa to Ireland: The Relocation Battle That Lacked Urgency. MVN v MN case number 060071/23, High Court in Johannesburg - 30 June 2023 On the 21st of June 2023, the Applicant (wife) brought an urgent application against the Respondent… READ MORE
01/07/2023 Bertus Preller Children, Cohabitation, Life Partnerships, Living Together, Parental Rights, Same Sex Couples artificial fertilisation, Bertus Preller, best interests of the child, Children’s Act 38 of 2005, Children’s Court, Constitutional Court, constitutional defects, constitutional invalidity, discrimination, Divorce Attorney Cape Town, Divorce News, Family Law, family life, marital status, parental rights and responsibilities, Parliament, permanent life partners, remedy, right to dignity, sexual orientation Landmark Ruling: South Africa’s Constitutional Court Declares Section 40 of the Children’s Act Unconstitutional, Affirming Parental Rights for Same-Sex Couples. VJV AND ANOTHER v MINISTER OF SOCIAL DEVELOPMENT AND ANOTHER ZACC 21 - 29 JUNE 2023 The Constitutional Court ruled on an application for validation of a constitutional invalidity that… READ MORE