25/02/2025 Bertus Preller Customary Law, Customary Marriages, Divorce, Islamic Law, Maintenance, Muslim Marriages, Rule 43, Rule 58, Spousal Maintenance AM v RM case, constitutional family law, custody disputes, Divorce Amendment Act 1 of 2024, divorce case law, divorce legislation, divorce maintenance, divorce proceedings, Essop v Haffejee case, interim relief, Islamic divorce, Islamic law in South Africa, judicial oversight, Legal Jurisdiction, legal precedent, Legal Protections, matrimonial disputes, matrimonial law, Muslim Marriage, Muslim spouses, Muslim women rights, religious divorce, Rule 43, SJ v SE case, South African divorce law, South African Family Law, South African High Court, spousal maintenance, Talaaq, Zaphiriou case South African Court Rules on Talaaq and Rule 43 Interim Relief in Divorce – H.A v N.A (144907/2024) [2025] ZAGPPHC 121 (13 February 2025). Introduction: A Landmark Case on Muslim Marriages and Rule 43 The case of H.A v N.A (144907/2024) ZAGPPHC 121 (13 February 2025) addresses a significant legal question concerning the application… READ MORE
12/06/2024 Bertus Preller Antenuptial Contracts, Customary Law, Customary Marriages, Marital Regimes 25007/2022, accrual system, Antenuptial Contract, arbitrary deprivation, black women, civil marriage, community of property, constitutional scrutiny, customary marriage, financially weaker spouses, Gender Equality, JRM v VVC and Another, judicial oversight, legislative reform, Matrimonial Property Act, Matrimonial Property Regime, racial equality, Recognition of Customary Marriages Act, unfair discrimination Protecting the Vulnerable: JRM v VVC and Another (25007/2022) Exposes the Need for Judicial Oversight in Customary Marriage Property Regimes. The Conundrum: Validity of an 'Antenuptial Contract' Concluded Post-Customary Marriage In the recent case of JRM v VVC and Another (25007/2022), the Gauteng Division of the High Court, Pretoria, grappled… READ MORE
08/06/2024 Bertus Preller Customary Law, Customary Marriages, Divorce, Procedural Law Acting Judge Kunju, civil marriage, confirmatory affidavits, conflicting evidence, cross-examination, customary marriage, disclosure, emotional distress, factual disputes, honesty, invalidity, just and expeditious resolution, legal consequences, lobola negotiations, MEC for Health: Eastern Cape v Mbodla, null and void, oral evidence, prior marriage, proprietary rights, reliable evidence, Rule 6(5)(g), Traditional Leader, Uniform Rules of Court, Utsiki ceremony Unravelling the Complexities of Customary Marriage: An Analysis of S.B v B.B and Another (6014/2022) [2024] ZAECMHC 45 (4 June 2024) by Acting Judge Kunju. The Complexity of Proving the Existence of a Prior Customary Marriage In the case of S.B v B.B and Another (6014/2022) ZAECMHC 45 (4 June 2024), the court grappled with… READ MORE
28/05/2024 Bertus Preller Customary Law, Customary Marriages, Divorce The Importance of Compliance and Consent in Customary Marriages: B.S v P.M (A3096-2022) [2024] ZAGPJHC 508 (17 May 2024). Introduction In a recent judgment, the High Court of South Africa (Gauteng Division, Johannesburg) addressed the complexities surrounding the recognition and validity of customary marriages in the case of B.S.E.S.… READ MORE
20/12/2023 Bertus Preller Antenuptial Contracts, Customary Law, Divorce ante-nuptial contract, civil law, community of property, consent in marriage, court judgment, customary law., customary marriage, Divorce Law, Family Law, High Court ruling, Legal Analysis, legal challenges, legal dispute, legal implications, legal precedent, marital regime, marriage registration, Mashisane v Mhlauli, matrimonial consent, matrimonial property, property rights, RCMA, South African Law, Supreme Court appeal, traditional customs Deciphering Customary vs Civil Marriage in South African Law: An In-Depth Look at Mashisane v Mhlauli (903/2022) [2023] ZASCA 176 (14 December 2023). Court Composition and Hearing The case of Mashisane v Mhlauli was heard by the Supreme Court of Appeal on 8 November 2023, presided over by Justices Mbatha, Mothle, Hughes, Weiner,… 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