17/04/2026 Bertus Preller Alter ego trust, Attorney and client costs, Costs, Divorce, Insolvent spouse litigation, Out of community of property, Piercing the corporate veil, Procedural Law, Punitive Cost Orders, Punitive costs orders, Redistribution Claim, Rule 47 Uniform Rules of Court, Section 23(6) Insolvency Act, Section 34 Constitution access to courts, Section 7(3) Divorce Act, Security for costs, Security for costs, Trust joinder divorce, Trusts, Trusts, Vexatious Litigant, Vexatious litigation alter ego doctrine, attorney and client costs Scale B, corporate veil family law, discretionary remedy security for costs, divorce litigation strategy, divorce trusts South Africa, family law South Africa, Fusion Properties v Stellenbosch Municipality, impecunious spouse constitutional rights, insolvent spouse litigation, joinder of companies divorce, joinder of trusts divorce, piercing the corporate veil, redistribution claim trusts, redistribution of assets, Rule 47 Uniform Rules of Court, section 23(6) Insolvency Act, section 34 Constitution access to courts, section 7(3) Divorce Act, security for costs, Shepstone & Wiley v Geyser, tactical litigation abuse of process, trust beneficiary divorce South Africa, trust joinder divorce, unrehabilitated insolvent divorce, vexatious litigation divorce, Welgemoed AJ, Western Cape High Court, ZAWCHC 2026 Piercing the Veil and Opening the Courthouse Doors: How South African Courts Refuse to Let Security for Costs Become a Weapon of Oppression in Divorce Litigation — M.A.V. NO and Others v E.V (Case No. 8692/2020) [2026] ZAWCHC 167 (14 April 2026). The Facts: Divorce, Sequestration and a Web of Trusts and Companies The matter of M.A.V. NO and Others v E.V (Case No. 8692/2020) ZAWCHC 167 (14 April 2026) concerns an… READ MORE
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
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