31/01/2025 Bertus Preller Alimony, Best Interests of the Child, Child Maintenance, Children, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Procedural Law, Rule 43, Rule 43 Cost Contributions, Rule 58, Spousal Maintenance, Variation, Variation Rule 43(6) best interests of the child maintenance, burden of proof maintenance, child maintenance law, cohabitation and maintenance, constitutional rights in maintenance, court reasoning in maintenance cases, ex-spouse financial obligations, family law court precedents, financial disclosure in divorce, financial hardship maintenance claims, interim maintenance orders, interim relief family law, KLW v CSW 2025, legal challenges in maintenance reduction, legal precedent in family law, maintenance case law, maintenance disputes South Africa, maintenance law developments, maintenance obligations in divorce, maintenance variation case, Rule 43 South Africa, Rule 43(6) application, Rule 43(6) maintenance, Rule 43(6) precedents, South African divorce maintenance, South African Family Law, spousal maintenance disputes, variation of maintenance orders Legal Uncertainty in KLW v CSW (202035177) [2025] ZAGPJHC 41 (22 January 2025): A Reassessment of Rule 43(6) and Maintenance Variation in South African Law. Introduction The judgment in KLW v CSW (202035177) ZAGPJHC 41 raises important questions regarding the application of Rule 43(6) of the Uniform Rules of Court and the judicial approach to… READ MORE
30/01/2025 Bertus Preller Costs, Divorce, Financial Disclosure, Procedural Law, Section 7 Matrimonial Properties Act accrual system, acting justice friedman, asset declaration, Asset Disclosure, beneficial ownership, catch-me-if-you-can principle, company assets, constitutional powers, corporate structures, disclosure obligations, divorce litigation, divorce procedure, divorce proceedings, divorce tactics, financial disclosure, financial transparency, Gauteng High Court, High Court Judgment, interlocutory applications, Judicial Discretion, legal precedent, matrimonial law, matrimonial property, Matrimonial Property Act, Practice Directive, Rule 33(4), Rule 43, section 7 notice, separation application, South African Law, Trust assets Playing Hide and Seek with Assets? High Court Says ‘Game Over!’ – D.M v D.M (2021 043212) [2025] ZAGPJHC 31 (28 January 2025). The Novel Question: When Must a Spouse Comply with a Section 7 Notice? When it comes to financial disclosure in divorce proceedings, some spouses treat their assets like a magician's… READ MORE
20/01/2025 Bertus Preller Adversarial Legal System, Alternative Dispute Resolution, Anti-Dissipation Interdicts, anti-dissipatory relief, Asset Disclosure, Division of Estate, Divorce, Financial Disclosure, Hiding Assets, Maintenance, Procedural Law, Punitive Cost Orders, Rule 43, Rule 43 Cost Contributions, Rule 58 Alternative Dispute Resolution, asset dissipation, court enforcement, divorce proceedings, early disclosure, equitable outcomes, Family Law, financial asymmetry, financial disclosure, financial disclosure forms, financial fraud, financial information gap, financial transparency, Gauteng Practice Directive, Gender Equality, Maintenance Act, maintenance disputes, Marital Assets, marital estate, matrimonial property, Mediation, POPI compliance, privacy concerns, procedural reform, South Africa, South African Law Reform Commission, spousal maintenance, Trust assets, uberrimae fidei The Financial Information Gap in Family Law: Addressing Inequities and Reforming Disclosure Practices. The Financial Information Gap: Understanding the Core Problem in Family Law Matters The landscape of family law in South Africa faces a critical challenge rooted in the asymmetrical access to… READ MORE
19/12/2024 Bertus Preller Costs, Divorce, Procedure, Recission of Divorce Orders, Settlement agreements condonation applications, consent agreement, consent paper validity, Consent Papers, consent validity, Court Jurisdiction, court order rescission, Court Procedures, divorce consent requirements, divorce law south africa, divorce order challenges, divorce order variation, divorce proceedings, divorce rights, divorce settlements, financial pressure divorce, High Court Judgment, legal consent, legal precedent, legal representation divorce, mapongwana aj, Marriage Dissolution, mental health divorce, rescission of court orders, rule 42 applications, rule 42 uniform rules, South African Family Law, undue influence divorce, Western Cape High Court No Easy Path to Rescind Divorce Orders: Western Cape High Court’s Ruling in MMS v LES (5910/2019) [2024] ZAWCHC (19 December 2024). Court Finds No Grounds for Rescission of Divorce Order Despite Claims of Undue Influence In an important judgment delivered by Acting Judge Mapongwana in the Western Cape Division of the… READ MORE
07/12/2024 Bertus Preller Accomodation, Alimony, Arrear Maintenance Variation, Arrears, Children, Divorce, Interim Maintenance, Maintenance, Rule 43, Spousal Maintenance, Variation Rule 43(6) children's rights, constitutional protection, court order variation, custody rights, divorce proceedings, family accommodation, Family Law, financial protection, High Court Judgment, interim relief, judicial precedent, legal precedent, Lekhuleni J, maintenance arrears, maintenance default, matrimonial home, matrimonial property, Minor Children, parental obligations, property rights, Property Transfer, rental accommodation, Rule 43 variation, shelter protection, shelter rights, South African courts, spousal maintenance, unilateral property sale, upper guardian, Western Cape High Court Selling the Family Home? Court Protects Children’s Rights to Shelter in Ruling: MSH v JSH (Reasons) (618/2019) [2024] ZAWCHC 406 (29 November 2024). Background: The Sale of the Matrimonial Home and Rule 43 Variation In a recent Western Cape High Court decision, M.S.H v J.S.H (Reasons) (618/2019) ZAWCHC 406 (29 November 2024), the… READ MORE
03/12/2024 Bertus Preller Adult Children, Arrear Maintenance Variation, Arrears, Children, Maintenance, Maintenance Court, Procedural Law Tale of Two Judgments: High Court’s Evolution on Adult Child Maintenance – O V v C M V [2024] ZAGPPHC vs D.W.T v M.T [2022] ZAWCHC 203: Which Path Forward? Introduction: The Maintenance Dilemma for Adult Children The recent High Court judgment in O V v C M V (Case No. 84818/2017) ZAGPPHC delivered by Acting Judge Scheepers grapples with… READ MORE
02/12/2024 Bertus Preller Actio communi dividundo, Division of Estate, Divorce, Islamic Law, Muslim Marriages, Procedure actio communi dividundo, bound co-ownership, constitutional equality, equal rights, free co-ownership, High Court Judgment, Islamic divorce, Islamic law, Islamic marriage, joint ownership, joint property, legal precedent, marital home, Marriage Dissolution, marriage property, property co-ownership, property dispute, Property Division, property division Islamic marriage, property rights, property sale, property settlement, Property Valuation, South African Law, South African property law, spousal contributions, spouse rights, Talaaq, Western Cape High Court Islamic Marriage Property Rights: High Court Champions Equal Division in K.A v A.E and Another (15857/24) [2024] ZAWCHC 392 (27 November 2024). Background: From Islamic Marriage to Property Dispute The Western Cape High Court recently grappled with a property division dispute stemming from a dissolved Islamic marriage in K.A v A.E and… READ MORE
30/11/2024 Bertus Preller Anti-Dissipation Interdicts, anti-dissipatory relief, Division of Estate, Divorce, In Community of Property, Interdict, Procedural Law, Procedure Attorney Conduct, auction process, civil procedure, conveyancing, court order, divorce agreement, divorce proceedings, divorce settlement, execution debtor, execution sale, High Court Judgment, judicial fairness, judicial interpretation, judicial oversight, Legal Ethics, legal fairness, legal precedent, market value, matrimonial assets, matrimonial property, procedural fairness, property auction, property dispute, property law, property rights, property rights protection, Property Transfer, Property Valuation, sale in execution, Sheriff's sale, South African Law From R1.5 Million to R1000: How a Divorce Property Sale Went Terribly Wrong – M.R.M v M.F.M and Others (M614/2023) [2024] ZANWHC 289 (26 November 2024). In what could be dubbed "The Case of the Thousand Rand Mansion," the North West High Court recently had to grapple with a property sale that would make any estate… READ MORE
29/11/2024 Bertus Preller Divorce, Procedure, Redistribution Claim amendment applications, amendment costs, amendment of pleadings, amendment rules, civil procedure, court amendments, Court Applications, court process, court rules, divorce amendments, divorce claims, divorce courts, Divorce Law, divorce litigation, divorce pleadings, divorce proceedings, High Court judgments, Judicial Discretion, legal amendments, legal developments, Legal Procedure, matrimonial property, pending divorces, pleadings procedure, procedural law, property claims, property redistribution, redistribution claims, Rule 55A Amending Divorce Pleadings: RVB v JVB (A92/2024) [2024] ZAFSHC Opens Door for Redistribution Claims. Background: Marriage and Divorce Proceedings In October 2009, a couple embarked on their marital journey with a clear legal framework in place. They entered into an antenuptial contract that explicitly… READ MORE
29/11/2024 Bertus Preller Alienation, Best Interests of the Child, Children, Costs, Curator Ad Litem, Divorce, Parental Alienation, Sexual Abuse, Sexual Abuse, Shared Residency abuse investigation, best interests of child, case coordinator, child protection, child safety, child sexual abuse allegations, child testimony, child welfare, child's voice, children's act, court-ordered therapy, curator ad litem, custody disputes, custody evaluation, evidence assessment, expert evidence, family court experts, family court procedure, family dynamics, forensic interviewing, forensic social workers, parental contact, Parental Rights, professional expertise, psychological evaluation, sexual abuse assessment, sexual misconduct claims, social work credentials, social work evaluation, supervised access Sexual Abuse Allegations & Expert Social Workers: High Court Sets New Standards in Child Care and Contact – N.J.B.D. v C.D (8780/2021P) [2024] ZAKZPHC 112 (27 November 2024). Background: A Complex History of Custody Disputes and Sexual Misconduct Allegations In a compelling judgment delivered by Acting Justice Nicholson in the KwaZulu-Natal Division of the High Court, Pietermaritzburg, the… READ MORE