22/01/2026 Bertus Preller Antenuptial Contracts, Antenuptial Contracts, Black Coffee, Black women property rights, Constitutional Court customary law, Constitutional law, Customary Law, Customary marriage dissolution, Customary marriage requirements, Customary Marriages, Divorce, Divorce summons South Africa, EB v ER Constitutional Court, In Community of Property, matrimonial asset division, Matrimonial Properties Act, Matrimonial property forfeiture, Out of community of property, Procedural Law, Recognition of Customary Marriages Act, Recognition of Customary Marriages Act 120 of 1998, Recognition of Customary Marriages Act, Section 8 RCMA, Section 10(2) Antenuptial Contracts, black women property rights, civil marriages, community of property, Constitutional Court judgment, constitutional invalidity, creditor protection, customary law, customary marriages, Deeds Registries Act, dissenting judgment, family law South Africa, Gumede case, joint estate, judicial oversight, Majiedt J, marriage conversion, Matrimonial Property Act 88 of 1984, Matrimonial Property Regime, out of community of property, postnuptial contracts, Recognition of Customary Marriages Act 120 of 1998, Rogers J, section 10(2), section 21 MPA, section 25 Constitution, section 7(2) Recognition Act, section 9 Constitution, spousal property rights, VVC v JRM The Antenuptial Contract Controversy: VVC v JRM and Others [2026] ZACC 2 (21 January 2026) and the Constitutional Court’s Divided Stance on Customary-to-Civil Marriage Conversions. Factual Matrix: From Customary Union to Civil Marriage and the Antenuptial Contract Conundrum The applicant, VVC, and the first respondent, JRM, entered into a customary marriage on 5 August 2011.… READ MORE
20/01/2026 Bertus Preller Accrual Calculation, Accrual Calculator, Accrual claims, Accrual system, Alimony, Asset Disclosure, Costs, Divorce, Exceptional circumstances separation, Financial Disclosure, Interim Maintenance, Maintenance Calculator, Maintenance Calculator, matrimonial asset division, Matrimonial Properties Act, Rule 43, Rule 43 Applications, Rule 43 orders, section 10 MPA, Separation Applications, Separation of issues, Spousal Maintenance accrual system divorce proceedings, antenuptial contract accrual system, balance of convenience separation, bifurcated divorce proceedings, cost of separation applications, Denel v Vorster separation principles, divorce accrual claim, exceptional circumstances separation, expeditious disposal litigation, financially vulnerable spouse, formal tenders divorce, full disclosure matrimonial assets, Maintenance of Surviving Spouses Act, maintenance security life policy, matrimonial property act section 7, matrimonial property disclosure duties, post-divorce maintenance uncertainty, prejudice to respondent spouse, procedural protection vulnerable spouse, Rule 33(4) separation of issues, Rule 43 interim relief, section 10 MPA deferred payment, section 4(2) divorce act, South African divorce law 2026, spousal maintenance claim, strike date accrual calculation, upfront payment accrual, Western Cape High Court family law, Wille J divorce judgment Why Formal Tenders Matter: Separation Refused Without Security for Vulnerable Spouse in AMG and Another v TSG (2025/057077) [2026] ZAWCHC 6 (19 January 2026). Factual Matrix: A Marriage Breakdown Complicated by Accrual and Maintenance Claims The matter before Wille, J concerned a marriage of over three decades that had irretrievably broken down, but in… READ MORE
08/12/2025 Bertus Preller Accrual system, Clean Break Principle, Cohabitation, Costs, Direct financial contributions, Division of Estate, Divorce, Divorce Act 70 of 1979, EB v ER Constitutional Court, Equitable redistribution, Marriage, Marriage equality, matrimonial asset division, Out of community of property, Procedure, Punitive Cost Orders, Redistribution Claim, Rehabilitative maintenance, Section 7(2) maintenance, Section 7(3) Divorce Act, Section 7(4) contributions, Universal Partnership accrual system, antenuptial contract without accrual, Attorney and Client Costs, Beaumont v Beaumont, clean break principle, cohabitation before marriage, direct financial contributions, domestic partnership, EB v ER Constitutional Court, equitable redistribution, estate valuation disputes, family law redistribution, full court binding precedent, household duties, indirect contributions to estate, matrimonial asset division, Matrimonial Property Regime, out of community of property, Ponelat v Schrephfer, post-separation conduct, redistribution claims, rehabilitative maintenance, section 7(2) maintenance, section 7(3) Divorce Act, section 7(4) contributions, South African divorce law, spousal maintenance, trust asset disclosure, universal partnership Beyond Marriage: 30 Years, 40% Redistribution and the Universal Partnership Principle – E.L.M v L.M (9360/2022P) [2025] ZAKZPHC 127 (5 December 2025). Facts and Matrimonial Background: A 30-Year Relationship The parties in this matter were married out of community of property without the accrual system on 27 March 1999, following a six-year… READ MORE