26/02/2024 Bertus Preller Alimony, Antenuptial Contracts, Child Maintenance, Children, Costs, Divorce, Interim Maintenance, Maintenance, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance accrual system, Asset Division, best interests of children, child maintenance, Court Decisions, court ruling, Divorce, divorce litigation, Equality of Arms, equitable distribution, Family Court, Family Law, financial disparity, Financial Disputes, interim relief, Legal Costs, legal obligations, legal principles, Legal proceedings, Legal Representation, maintenance determination, marital breakdown, marital standard of living, matrimonial assets, Parental Responsibilities, Rule 43, South Africa, spousal maintenance, Uniform Rules of Court Deciphering Divorce: A Rule 43 Ruling on Maintenance and a Contribution to Legal Costs – M Q v V S (0221062023) 2024 ZAGPJHC 188 (23 February 2024). Introduction to the Application for Maintenance and Legal Contributions In this Rule 43 application the court was presented with an intricate application concerning the financial sustenance and legal cost contributions… READ MORE
09/02/2024 Bertus Preller Alimony, Divorce, Maintenance, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance assessment of financial needs, clean hands doctrine, court discretion, disclosing financial information, divorce court orders, divorce financial obligations, divorce proceedings, equitable relief, financial deceit in divorce, financial disclosure, financial transparency, honesty in legal proceedings, inheritance disclosure, interim maintenance, interim relief, judicial fairness, legal costs in divorce, Legal Ethics, legal obligations in divorce, legal strategies in divorce, maintenance orders, Marital Assets, marital financial disputes, NZIWENI J, Rule 43 applications, savings disclosure, South African Family Law, spousal support, striking applications, transparency in divorce, Uniform Rules of Court Unlocking Fairness in Divorce: The Critical Role of Full Disclosure in Rule 43 Applications. – C.A v H.A (5578/2022) [2024] ZAWCHC 25 (6 February 2024). Introduction In the case of C.A vs. H.A, brought under Rule 43 of the Uniform Rules of Court, the applicant sought interim maintenance for herself while awaiting the finalisation of… READ MORE
05/02/2024 Bertus Preller Alimony, Children, Costs, Divorce, Parental Rights, Rule 43 Cost Contributions, Spousal Maintenance bonding therapy, child best interests, child care, Child Custody, Children's Welfare, contact arrangements, contribution to costs, court order, court rulings Rule 43, divorce proceedings, Family Court, family dynamics, Family Law, family law analysis, family law disputes, financial responsibilities, forensic assessment, interim maintenance, judicial fairness, Legal Analysis, legal contributions, Legal Costs, Legal proceedings, legal strategies, maintenance contribution, Parental Responsibilities, Parental Rights, primary residence, South African Family Law, T E v V E, Von Ludwig AJ Navigating Family Dynamics: A Comprehensive Analysis of a Rule 43 Application. – T E v V E (2023/021747) [2024] ZAGPJHC 94 (2 February 2024). Introduction: The Complexity of Rule 43 Applications Rule 43 applications serve as a pivotal yet challenging facet of divorce proceedings, offering a singular affidavit to each litigant to encapsulate a… READ MORE
27/01/2024 Bertus Preller Alimony, Children, Costs, Maintenance, Parental Rights, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance acrimonious divorce, Asset Division, Child Custody, child maintenance, children's act, Constitutional Rights, court judgment, Divorce, divorce litigation, divorce settlement, Family Advocate, Family Court, Family Law, family trust, financial dependence, financial disclosure, interim maintenance, Legal Costs, Legal Fees, Legal Representation, marital property, marital regime, matrimonial disputes, Mediation, Rule 43, Separation, South Africa, spousal support, Uniform Rules of Court Unravelling the Tangles of Divorce: A South African Rule 43 – Case Study on Interim Maintenance and Legal Costs – T.C v B.C (21300/2022) [2024] ZAGPJHC 48 (25 January 2024). Background In this case, presided over by Mahomed AJ, an application was made for interim maintenance and a contribution toward legal costs, in line with Rule 43 of the Uniform… READ MORE
12/01/2024 Bertus Preller Costs, Divorce, Interim Maintenance, Maintenance, Rule 43, Rule 43 Cost Contributions A.F v M.F, Case Law, constitutional principles, contribution quantum, divorce litigation, Equality of Arms, EVG v AJJV, fairness in divorce, Family Law, financial disparity, gender dynamics, interim maintenance, J.K v E.S.K, Judicial Discretion, L.B v D.F.B, Legal Costs, legal expenses, Legal Representation, matrimonial disputes, matrimonial support, past legal costs, Rule 43, South African Law, technological advancements Understanding Rule 43: The Framework for Legal Cost Contributions in Divorce Litigation. INTRODUCTION In the realm of matrimonial law, Rule 43 of the Uniform Rules of Court stands as a pivotal mechanism, designed to address the financial imbalances that often arise during… READ MORE