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
08/04/2023 Bertus Preller Cohabitation, Common Law Marriage in South Africa, Common Law Wife, Divorce, Marriage cohabitation, common law marriage in South Africa, Divorce, Divorce Attorney Cape Town, life-partnership, marriage, marriage in South Africa, marriage stats Marriage in decline the latest statistics reveal a downward trend in South Africa. Introduction: Recent data released in February 2023 by Stats SA indicates a consistent decline in marriage rates in South Africa over the past decade. The Department of Home Affairs registered… READ MORE
22/03/2023 Bertus Preller Cohabitation, Common Law Marriage in South Africa, Common Law Wife, Interim Maintenance, Life Partnerships, Living Together, Maintenance, Rule 43 Bertus Preller, cohabitation, common law marriage in South Africa, Divorce Attorney Cape Town, Family Law, life-partnership, maintenance Life Partnerships and Maintenance – Dissenting Judgement E.W v V.H [2023] ZAWCHC 58 (17 March 2023) There is no doubt that the matter of E.W v V.H (12272/2022) ZAWCHC 58 (17 March 2023) will advance to the Constitutional Court for clarity on whether a duty of… READ MORE
17/03/2023 Bertus Preller Cohabitation, Common Law Marriage in South Africa, Common Law Wife, Life Partnerships, Living Together, Maintenance Life Partnerships – Maintenance – Missed Opportunity – EW v VH & Women’s Legal Trust Centre, case no. 12272/2022. In previous articles I wrote about an application in the Cape High Court, extending the common law regarding to maintenance to partners in a life partnership. A descending judgement was… READ MORE
29/01/2023 Bertus Preller Cohabitation, Common Law Marriage in South Africa, Common Law Wife, Life Partnerships cohabitation, common law marriage in South Africa, declining marriage rate, Divorce, Divorce Attorney Cape Town, Family Law, life-partnership, marriage, marriage in South Africa, marriage statistics, marriage stats The Declining Marriage Rate in South Africa. Marriages are increasingly becoming less common in South Africa. According to the Marriages and Divorce, 2020 report published by Statistics South Africa, the total number of people getting married has… READ MORE
21/12/2022 Bertus Preller Alimony, Cohabitation, Common Law Marriage in South Africa, Common Law Wife, Interim Maintenance, Life Partnerships, Living Together, Maintenance, Rule 43 cohabitation, Cohabitation contracts, common law marriage, common law marriage in South Africa, common law wife, Divorce Attorney Cape Town, ex lege duty of support between life-partners, Family Law, Family Law cases, Family Law News, life partnerships, life-partnership, maintenance and life partnerships THE COMMON LAW MARRIAGE IN SOUTH AFRICA NEW DEVELOPMENTS – PART TWO OF FOUR. In Part One, which can be read here, I dealt with developing the common law in regard to maintenance for partners in heterosexual permanent Life Partnerships / Cohabitation/ Common Law… READ MORE
16/12/2022 Bertus Preller Alimony, Cohabitation, Common Law Wife, Interim Maintenance, Maintenance, Rule 43 cohabitation, common law marriage, common law wife, Divorce Attorney Cape Town, Domestic Partnerships, ex lege duty of support between life-partners, maintenance, permanent opposite-sex life-partnership THE COMMON LAW MARRIAGE IN SOUTH AFRICA NEW DEVELOPMENTS. PART ONE OF FOUR INTRODUCTION In an earlier article I wrote about a landmark case, due to be heard by 3 Judges in the Cape High Court on 20 January… READ MORE
06/11/2022 Bertus Preller Alimony, Cohabitation, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43 cohabitation, duty of support, interim maintenance for unmarried partner, life-partnership, maintenance, permanent opposite-sex life-partnership, Rule 43, unmarried partners Interim Maintenance for an Unmarried Partner in a permanent opposite-sex life-partnership. A very interesting application was set down to be heard before three Judges in the Cape High Court. In the application, akin to a Rule 43 application, the Applicant will… READ MORE