30/11/2023 Bertus Preller Divorce, Pension Funds, Settlement agreements asset distribution in divorce, attorney diligence, consent paper interpretation, contract integrity in settlements, divorce negotiation strategies, divorce order variation, divorce settlements, Family court rulings, family law case studies mANTAME j, legal precedent in divorce, legal representatives' conduct, Lekhuleni J, M.D vs N.D, maintenance order variation, matrimonial law implications, matrimonial property division, pension interest division, post-divorce financial adjustments, settlement agreement analysis, South African Family Law Legal Precision in Divorce Settlements: Lessons from the M.D v N.D – Appeal (A176/2023) [2023] ZAWCHC 304 (29 November 2023) on Pension Interests and Attorney Conduct. The Facts of the Case: A Detailed Overview This Appeal in the western Cape High Court presented a complex scenario involving the variation of a divorce order, particularly focusing on… READ MORE
30/11/2023 Bertus Preller Costs, Divorce, Financial Disclosure, Hiding Assets, International Divorce Appeal Process, Asset Concealment, Co-ownership, Court Rulings, Divorce, Family Law, Financial Disputes, Legal Consequences South African Law, legal obligations, Legal Perspective, Legal precedents, Legal Representation, Legal Strategy, maintenance claims, Marital Assets, Namibian Law, Property Division, Property Transfer, Public Policy, Trust Agreements Divorce and Deception: A Landmark Case on Hidden Assets and Legal Consequences – Insights from Namibian Law: Oberholzer v Loots and another (SA 33-2021) NASC [2023] (22 November 2023) Background and Relationship between the Parties The Appellant and the Respondent were involved in a personal relationship. During this period, they lived together and were engaged in the management and… READ MORE
29/11/2023 Bertus Preller Accrual Calculation, Alimony, Costs, Divorce, Financial Disclosure, International Divorce, International Divorce, Spousal Maintenance Cross-Border Complexities in High-Net-Worth Divorce: An In-Depth International Case Study from South Africa. – AG v YG (3932/2016) [2023] ZAWCHC 147. Introduction to the Case The case in question, a highly contentious divorce, began when the wife-initiated proceedings against her husband on 7 March 2016. After numerous interlocutory applications and delays,… 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
24/11/2023 Bertus Preller Adultery, Divorce, Infidelity, Prescription affair with mistress, Asset Concealment, community of property, court case, court judgment new family law case, credibility assessment, divorce implications, evidence analysis, extramarital affair, financial dispute, investment withdrawal, Legal Costs, Legal proceedings, loan vs donation, marital deceit, marriage law, mistress involvement, prescription act, South African legal drama, WhatsApp evidence Love, Deceit, and Money: The Legal Tangle of a South African Husband, Wife, and Mistress. – H.W and Another v R.S (18246/2019) [2023] ZAGPJHC 1354 (24 November 2023). Introduction The case in question delved into a tangled legal narrative encompassing marital infidelity, financial dealings, and the classification of funds transferred in the milieu of an extramarital relationship in… READ MORE
24/11/2023 Bertus Preller Alimony, Divorce, Interim Maintenance, Maintenance, Rule 43 Adams J order, Alimony adjustment, child support, Court judgment analysis, divorce proceedings, Family court rulings, financial disclosure, financial transparency, Income reassessment, Legal financial examination, Legal financial scrutiny, legal precedent, Maintenance litigation, Maintenance order change, Maintenance reassessment, Material change in circumstances, Nkutha-Nkontwana J, Rule 43 variation, South African Family Law, spousal maintenance Navigating Financial Disclosure: The Turning Tide in Maintenance Variation Cases – Rule 43(6) – B.W.H v S.A.H (22802/2021) [2023] ZAGPJHC 1348 (21 November 2023). Facts of the Case In this intricate legal matter, a husband (the applicant) sought a retrospective variation of a maintenance order previously issued by Adams J under Rule 43 of… READ MORE
23/11/2023 Bertus Preller Accrual Calculation, anti-dissipatory relief, Divorce, Marital Regimes, Settlement agreements Accrual Calculation, Antenuptial Contract, Asset Disclosure, Asset Division, Court Rulings, Divorce Law, divorce proceedings, divorce settlements, Estate Valuation, Financial Outcomes, Financial Settlements, legal implications, Legal Insights, Liability Consideration, Marital Assets., Marriage Dissolution, matrimonial property, Matrimonial Property Act, Property Valuation, South African Law Timing is Everything: The Crucial Role of Accrual Calculation Date in Divorce Cases. R.D.M v M.T.M (M608/22) [2023] ZANWHC 216 (21 November 2023). The facts of the case, as presented in the judgment, revolve around an application for the provisional sequestration of the respondent's estate, following the dissolution of a marriage under South… READ MORE
22/11/2023 Bertus Preller Alimony, Costs, Divorce, Financial Disclosure, Maintenance, Marriage, Rule 43, Spousal Maintenance 2023 legal cases, divorce proceedings, equitable settlements, family court decisions, Family Law, financial assessments in divorce, financial disclosure, interim maintenance, legal case study, legal obligations, legal transparency, maintenance applications, Marriage Dissolution, matrimonial law, P.P v V.P, Rule 43 Application, South African court ruling, spousal maintenance, spousal support Unmasking Financial Realities in P.P v V.P: A Ruling on Interim Maintenance and Rule 43 (027686/2022) [2023] ZAGPJHC 1345 (21 November 2023). Mia J Rule 43 Application Background of the Case In July 1985, the applicant and respondent were married in community of property. The applicant, who intermittently worked as a school… READ MORE
21/11/2023 Bertus Preller Alimony, Divorce, Maintenance, Spousal Maintenance Asset Division, court interpretation, Divorce Act 1979, Divorce Law, equitable settlement, financial assessment, financial settlement, Legal Analysis, legal precedent, maintenance case, marital standard of living, marriage duration, South Africa, spousal support Navigating the Complexities of Spousal Maintenance: Insights from the Landmark J.E.R (Nee O) v B.E.S – Appeal (A16/2023; 15871/16) [2023] ZAWCHC 291 (20 November 2023). Divorce Case. Facts of the Case Parties: The case involves J.E.R. (nee O), the appellant, and B.E.S, the respondent. They were married and are now undergoing divorce proceedings. Marriage Duration: The couple… READ MORE
21/11/2023 Bertus Preller Adversarial Legal System, Alimony, Costs, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43, Spousal Maintenance Affidavit Analysis, Attorney Conduct, child maintenance, Condonation, Constitutional Challenges, Court Rulings, divorce proceedings, Family Law, financial disclosure, interim relief, Legal Ethics, Legal precedents, Legal Procedure, Litigation Tactics, maintenance pendente lite, Procedural Compliance, Prolixity in Affidavits, Rule 30 Challenge, Rule 43 Application, South African High Court Navigating the Complex Waters of Financial Disclosure in Rule 43 Applications and Legal Ethics: A Closer Look at a Landmark Ruling and the Conduct of the Respondent’s Attorney. I P v N P ; In re: N P v I P (16768/2023) ZAWCHC 170 (20 November 2023) Analysis of Rule 30 and Rule 43 Applications Overview of the… READ MORE