18/04/2024 Bertus Preller Arrears, Division of Estate, Divorce, Forfeiture of Benefits, In Community of Property, Maintenance Arrear Maintenance, child maintenance, community of property, division of assets, Divorce, forfeiture, joint estate, matrimonial property system, misconduct, parental rights and responsibilities, pension fund benefits High Court Addresses Pension Fund Benefits and Arrear Maintenance, Forfeiture Not Applied in K.B.P v T.L.P (DIV 155/2014) [2024] ZANWHC 105 (17 April 2024). Introduction The High Court of North West, Mahikeng, heard an opposed divorce case between Mrs. B.P. (plaintiff) and Mr. L.P. (defendant), who were married in community of property on 11th… READ MORE
06/02/2024 Bertus Preller Adultery, Child Maintenance, Costs, Divorce, Forfeiture of Benefits, Pension Funds A.R.S vs M.S.S, academic achievements in marriage dynamics, academic qualifications impact, allegations of adultery, benefits forfeiture, child maintenance South Africa, child welfare considerations, community of property adjustments, community property division, division of marital property, divorce analysis South Africa, equitable division in divorce, Family Law, Financial contributions, financial implications of divorce, Government Employees Pension Fund rights, infidelity impact on divorce, legal case insights, legal principles in divorce, legal strategies in divorce, maintenance disputes, marital misconduct, parental responsibilities and rights, pension interest dispute, Polokwane High Court decision, property rights divorce, Rule 43 applications, SIKHWARI AJ judgement, South African Breweries pension Navigating Divorce: A.R.S (born K) v M.S.S (2427/2021) [2024] ZALMPPHC 10 (30 January 2024) and Forfeiture Insights. Introduction and Background of the Case In the matter of A.R.S (born K) vs M.S.S (2427/2021) ZALMPPHC 10, delivered on 30 January 2024 by SIKHWARI AJ, the plaintiff initiated divorce… READ MORE
27/01/2024 Bertus Preller Abuse, Adultery, Coercive Control, Costs, Divorce, Emotional Abuse, Financial Abuse, Forfeiture of Benefits, In Community of Property, Infidelity, Physical Abuse, Psychological Abuse, Reasons for Dicorce Asset Division, asset forfeiture in divorce, court evidence, court judgments, divorce case analysis, Divorce Law, divorce litigation, divorce outcomes, divorce settlements, equitable distribution, extra-marital affairs, family court dynamics, family law case studies, forfeiture, legal implications, Legal proceedings, Legal Strategy, marital breakdown, Marriage Dissolution, matrimonial conduct, matrimonial disputes, patrimonial benefits, personal conduct, physical abuse, protection orders, South African Family Law, spousal allegations, spousal behavior, spouse behavior in divorce Infidelity, Abuse, and Forfeiture: Behind the Gavel – Deciphering the Role of Personal Conduct in Divorce Outcomes in South African Courts. – M.F.B v J.B (5674/2016) [2024] ZALMPPHC 7 (24 January 2024). Background and Claims In the case presided over by Naude-Odendaal J, the Plaintiff M.F.B filed for divorce against the Defendant J.B on 23 November 2016. The Plaintiff sought a decree… READ MORE
10/01/2024 Bertus Preller Abuse, Adversarial Legal System, Divorce, Forfeiture of Benefits, Pension Funds, Reasons for Dicorce asset allocation, asset forfeiture, community of property, conduct in marriage, divorce assets division, Divorce Law, divorce settlements, emotional abuse, equitable distribution, family court decisions, financial neglect, High Court ruling, legal implications, legal judgment, legal precedent, marital breakdown, marital contributions, marital misconduct, matrimonial property, pension fund interest, property rights, South African Family Law, spousal behaviour, Z v Z case Marriage Misconduct and Asset Forfeiture: A Pivotal Ruling in Z v Z (34253/2010) [2024] ZAGPJHC – 4 (10 January 2024). Case Overview In the High Court of South Africa, Gauteng Division, Johannesburg, the case of Z v Z (Case No: 34253/2010) was presided over by Adams J. The judgment, delivered… 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
22/09/2023 Bertus Preller Abuse, Alimony, Children, Divorce, Financial Disclosure, Forfeiture of Benefits, Maintenance, Marriage, Parental Rights, Pension Funds, Settlement agreements, Spousal Maintenance Asset Division, Bertus Preller, Children's Welfare, court order, Divorce, Divorce Attorney Cape Town, Divorce News, Family Law, Legal Costs, maintenance, Marriage Dissolution, Parental Responsibilities, Pension Forfeiture, Property Valuation, Questionable Conduct, Settlement, South African Law, spousal support When Love Goes Sour and Assets Get Tangled: How One Husband’s Questionable Conduct, Refusal to Settle, and Legal Maneuvering Shaped a Divorce Ruling. N.S v M.F.S (20/27078) ZAGPJHC 1044 (19 September 2023) Litigation History The Defendant represented himself, while the Plaintiff had legal representation. The Defendant filed 12 applications against the Plaintiff, most… READ MORE
18/06/2023 Bertus Preller Alimony, Divorce, Forfeiture of Benefits, Pension Funds adultery, Bertus Preller, Divorce, Divorce Attorney Cape Town, Family Law, forfeiture of benefits marriage, infidelity, marriage in community of property, misconduct, unduly benefit marriage Love, Betrayal, and the Law: A Tale of Forfeiture and Financial Deprivation in Matrimonial Property. B.R.B.M v R.K.B.M (19279/2019) ZAGPPHC 403 (5 June 2023) On one hand, the Plaintiff (husband) sought an order of forfeiture of the patrimonial benefits against the Defendant (wife) on the… READ MORE
29/05/2023 Bertus Preller Divorce, Forfeiture of Benefits, Marriage, Pension Funds adultery, Bertus Preller, Divorce, Divorce Attorney South Africa, Divorce News, extra marital affair, Family Law, gross misconduct How a Wife Shielded Her Pension from a Cheating Husband’s Grasp in Landmark Divorce Case. Supreme Court of Appeal of South Africa - M v M (022/2022) ZASCA 75 (26 May 2023). This case pertained to a divorce proceeding and the subsequent appeal. The main… READ MORE
21/03/2023 Bertus Preller Alimony, Forfeiture of Benefits, Interim Maintenance, Maintenance, Rule 43 Bertus Preller, Divorce, Divorce Attorney Cape Town, Divorce News, Family Law, interim maintenance, Rule 43 A Rule 43 application is not meant to provide an interim maintenance meal ticket to an Applicant. In the case of B.R v D.R (14189/2022) ZAWCHC 59, Kusevitsky J found that Rule 43 proceedings was not meant to provide a meal ticket for interim maintenance pending divorce.… READ MORE
12/01/2023 Bertus Preller Divorce, Forfeiture of Benefits Bertus Preller, Divorce, Divorce News, Family Law, forfeit assets, forfeiture of benefits marriage, how to plead forfeiture in divorce, in community of property, marriage, pleadings Forfeiture of Benefits Denied on Appeal In a recent appeal in the case of M v M (A3004/2022) ZAGPJHC 1024 the Appellant's appeal for a forfeiture of assets was dismissed with costs. There were two central… READ MORE