08/12/2025 Bertus Preller Accrual system, Clean Break Principle, Cohabitation, Costs, Direct financial contributions, Division of Estate, Divorce, Divorce Act 70 of 1979, EB v ER Constitutional Court, Equitable redistribution, Marriage, Marriage equality, matrimonial asset division, Out of community of property, Procedure, Punitive Cost Orders, Redistribution Claim, Rehabilitative maintenance, Section 7(2) maintenance, Section 7(3) Divorce Act, Section 7(4) contributions, Universal Partnership accrual system, antenuptial contract without accrual, Attorney and Client Costs, Beaumont v Beaumont, clean break principle, cohabitation before marriage, direct financial contributions, domestic partnership, EB v ER Constitutional Court, equitable redistribution, estate valuation disputes, family law redistribution, full court binding precedent, household duties, indirect contributions to estate, matrimonial asset division, Matrimonial Property Regime, out of community of property, Ponelat v Schrephfer, post-separation conduct, redistribution claims, rehabilitative maintenance, section 7(2) maintenance, section 7(3) Divorce Act, section 7(4) contributions, South African divorce law, spousal maintenance, trust asset disclosure, universal partnership Beyond Marriage: 30 Years, 40% Redistribution and the Universal Partnership Principle – E.L.M v L.M (9360/2022P) [2025] ZAKZPHC 127 (5 December 2025). Facts and Matrimonial Background: A 30-Year Relationship The parties in this matter were married out of community of property without the accrual system on 27 March 1999, following a six-year… READ MORE
29/07/2025 Bertus Preller Cohabitation, Cohabitation trends, Common Law Marriage in South Africa, Common Law Wife, Cultural shifts, Customary Law, Customary marriage requirements, Divorce, Divorce Statistics, Life Partnerships, Lobola negotiations, Marriage, Marriage decline, Marriage registration, Marriage Statistics South Africa, Social change, South Africa marriage rates child support, civil marriages, civil unions, cohabitation rights, cohabitation trends, cultural shifts, customary marriages, Domestic Partnerships, economic factors, family formation, Family Law, gender dynamics, ilobolo, Legal Protection, lobola, maintenance, marriage age, Marriage Alternatives, marriage decline, marriage policy, marriage statistics, relationship choices, relationship trends, single parents, social change, South Africa marriage rates, Stats SA, unmarried couples, wedding statistics From 186,000 to 99,000: How South Africa Lost Nearly Half Its Marriages in Just 15 Years. The Global Marriage Decline: Understanding South Africa's Changing Relationship Landscape Marriage, once considered a universal milestone in adult life, is undergoing a dramatic transformation worldwide. A comprehensive new study by… READ MORE
29/06/2025 Bertus Preller Cohabitation, Customary Marriages, Inheritance rights, Interdict, Intestate Succession, Procedure, South African succession law Administration of Estates Act, African customary law, attorney and client scale, cohabitation, customary law marriage, customary marriage, estate administration, estate dispute, estate litigation, estate preservation, executor appointment, High Court Pretoria, inheritance dispute, interim interdict, intestate succession, joint estate, Legal Costs, legal remedy, lobola, matrimonial property, patrimonial rights, Peteke v Khumalo, recognition of marriage, Rule 6(12), section 13, South African Family Law, testamentary rights, Urgent Application, urgent interdict, ZAGPPHC 447 Customary Marriage Dispute Halts Estate Administration: Peteke v Khumalo and Others (2025-009348) [2025] ZAGPPHC 447 (6 May 2025). The Factual Matrix: Disputed Customary Marriage and Control Over the Deceased’s Estate In Peteke v Khumalo and Others (2025-009348) ZAGPPHC 447 (6 May 2025), the applicant approached the High Court… READ MORE
28/06/2025 Bertus Preller Actio communi dividundo, Appeal, Clean Break Principle, Cohabitation, Divorce, Settlement agreement finality, Settlement agreements actio communi dividundo, alternative access arrangements, clean break principle, contractual interpretation family law, contractual occupation rights, court order variation requirements, deed of settlement breach, domestic violence protection orders, Eastern Cape High Court, Endumeni interpretation principles, factual disputes motion proceedings, finality principle settlement agreements, joint property ownership disputes, matrimonial property arrangements, motion court proceedings, occupation rights conditions, Plascon-Evans principle, post-divorce litigation, post-divorce property disputes, property sale compelling orders, Regional Court appeal, romantic partner cohabitation clause, settlement agreement finality, settlement agreement interpretation Settlement Agreement Interpretation Triumph: J.G.C v G.A.C [2025] ZAECMKHC 44 (13 May 2025) – High Court Overturns Property Sale Order. The Factual Matrix: What Led to the Appeal This appeal arose from a bitter post-divorce property dispute between former spouses who had been married for thirty-five years in community of… READ MORE
18/10/2024 Bertus Preller Adversarial Legal System, Best Interests of the Child, Child Maintenance, Children, Cohabitation, Costs, Divorce, International Divorce, Procedural Law, Relocation, Separation Applications child maintenance, cross-border family law, Dubai relocation, enforceability, High Court Judgment, international divorce, jurisdiction, minor children's interests, punitive costs, Rule 33(4), Rule 43, separation of issues, South Africa, Urgent Application Dubai Dreams vs. Divorce Duties: GK v KK (2015-96997) [2024] ZAGPPHC 1015 (16 October 2024) – Unravels International Family Law Challenges in Separation Applications. Background: The Complexities of an International Divorce The case of GK v KK (2015-96997) ZAGPPHC 1015 (16 October 2024) highlights the intricate challenges that arise when divorce proceedings intersect with… READ MORE
18/01/2024 Bertus Preller Cohabitation, Common Law Marriage in South Africa, Common Law Wife, Life Partnerships, Living Together, Universal Partnership Asset Division, cohabitation, Cohabiting Couples, Contemporary Society, Evolving Norms, Family Law, Historical Origins, Landmark Cases, legal challenges, Legal Framework, Legal Protections, legal recognition, Marriage Alternatives, Modern Relationships, non-marital relationships, Partnership Criteria, Partnership Dissolution, relationship dynamics, Relationship Rights, Roman Law, Roman-Dutch Law, South African Law, Support Obligations, Universal Partnerships UNLOCKING THE LEGAL MYSTERIES OF UNIVERSAL PARTNERSHIPS: NAVIGATING SOUTH AFRICA’S MODERN RELATIONSHIP LANDSCAPE. OVERVIEW OF LEGAL RECOGNITION OF UNIVERSAL PARTNERSHIPS Definition and Essence Universal partnerships, in legal terms, refer to a form of partnership where individuals share their lives and resources in a… READ MORE
16/12/2023 Bertus Preller Abuse, Adversarial Legal System, Children, Coercive Control, Cohabitation, Counselling, Cultural Abuse, Digital Abuse, Divorce, Emotional Abuse, Financial Abuse, Harrassment, Hostile Family Lawyers, Infidelity, Life Partnerships, Living Together, Marriage, Mediation, Neglect, Physical Abuse, Psychological Abuse, Reasons for Dicorce, Sexual Abuse, Spiritual Abuse, Verbal Abuse Amazon, Apple Books, Bertus Preller, communication skills, Conflict Resolution, couple counseling, couple therapy, divorce lawyer, emotional intelligence, Family Law, healthy marriage, legal expertise, love and relationships, marital guidance, marriage advice, matrimonial advice, navigating relationships., partnership tips, psychological insights, relationship book, Relationship Challenges, relationship dynamics, Relationship Guide, relationship maintenance, relationship resilience, relationship strategies, self-help, Takealot, The Unexpected Counsellor, understanding love The Unexpected Counsellor – A Divorce Lawyer’s Strategies to Navigate Love and Avoid Heartbreak. About the Book In the intricate dance of relationships, where every step counts and every misstep matters, Bertus Preller's latest book, "The Unexpected Counsellor," emerges as a beacon of wisdom… READ MORE
28/11/2023 Bertus Preller Abuse, Adultery, Alternative Dispute Resolution, Children, Cohabitation, Counselling, Divorce, Divorce Statistics, Infidelity, Marriage, Reasons for Dicorce Bertus Preller, Building Strong Relationships, Conflict Resolution, Couples Counseling, Divorce Lawyer Insights, Emotional Wisdom, Family Law, Intimacy Issues, Love and Commitment, Marital Advice, Marriage and Divorce, Matrimonial Guidance, Navigating Relationships, Personal Growth, Relationship Challenges, Relationship Communication, Relationship Guide, South African Author, The Unexpected Counsellor Navigating the Seas of Relationships: Unveiling ‘The Unexpected Counsellor’ by Bertus Preller. Introduction As a seasoned divorce lawyer and an ardent photographer, I have often found parallels between the precision required in capturing a perfect shot and navigating the intricate intricacies of… 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
24/05/2023 Bertus Preller Alimony, Cohabitation, Divorce, Maintenance, Marriage, Spousal Maintenance Bertus Preller, Divorce, Divorce Attorney South Africa, Divorce News, dum casta clause, new divorce case, spousal maintenance, spousal maintenance case Unveiling the Dum Casta Clause: Ex-Wife’s Spousal Maintenance Rights Revoked Due to Cohabitation after Divorce. M.M.L v J.J.L (A66/2023) ZAFSHC 170 (18 May 2023) This appeal had its origins in an application that was pursued in the Maintenance Court for the district of Bethlehem ("the… READ MORE