25/06/2026 Bertus Preller Alimony, Arrear Maintenance, Arrear maintenance claims, Child Maintenance, Children, Civil contempt South Africa, Contempt of Court, Contempt of court maintenance, Divorce, Financial non-disclosure, Maintenance, Maintenance Court, Maintenance Court, Maintenance order enforcement, Non-disclosure consequences, Plascon Evans Rule, Post-divorce maintenance, Post-divorce maintenance enforcement, Spousal Maintenance, Uberrimae fidei matrimonial proceedings Arrear Maintenance, Attorney and Client Costs, beyond reasonable doubt, child maintenance, Civil Contempt, contempt of court, Contempt Proceedings, Davis AJ, Dezius v Dezius, Divorce Act, dolus eventualis, Eke v Parsons, evidential burden, Fakie v CCII Systems, family law South Africa, financial disclosure, full and frank disclosure, inability to pay defence, luxuries non-essentials, maintenance court variation, maintenance debtor, Maintenance Order, parental maintenance obligations, Pheko v Ekurhuleni, Plascon-Evans rule, poverty defence, settlement agreement order of court, Western Cape High Court, wilful and mala fide When “I Can’t Pay” Becomes Contempt: Luxuries, Maintenance Arrears and the Duty of Full Disclosure in D.W v J.L.K (12604/2015) [2026] ZAWCHC 322 (17 June 2026). D.W v J.L.K (12604/2015) ZAWCHC 322 (17 June 2026) The facts: a maintenance debtor who paid for luxuries before his children The applicant and respondent divorced in 2015. In terms… READ MORE
31/05/2026 Bertus Preller Conflict of Interest, Eviction, In Community of Property, Joinder, Joinder of convenience, Locus Standi, LPC Code of Conduct, LPC Code of Conduct, PIE ACT, Plascon Evans Rule, Prevention of Illegal Eviction Act, Section 17 Matrimonial Property Act, Spousal Eviction Absa Bank v Naude, clause 3.9 legal practitioners, conflict of interest attorney, customary marriage community of property, direct and substantial interest, dispute of fact motion proceedings, Gordon v Department of Health, joinder of convenience, joint estate litigation, locus standi eviction, LPC Code of Conduct, Matjhabeng Local Municipality, N.C.M.W v P.S.K, necessary joinder, oral evidence referral, person in charge PIE, PIE Act eviction, Plascon-Evans rule, Prevention of Illegal Eviction Act, Room Hire Co, Rule 6(5)(g) referral, section 17 Matrimonial Property Act, spousal consent litigation, spousal joinder eviction, universal partnership co-ownership, unlawful occupier, Western Cape High Court eviction, Wightman v Headfour, ZAWCHC 272 Eviction by One Spouse, Joinder of the Other, and the Conflict Trap: Lessons from N.C.M.W v P.S.K and Others (2025/218300) [2026] ZAWCHC 272 (29 May 2026). A recent judgment of the Western Cape Division, N.C.M.W v P.S.K and Others (2025/218300) ZAWCHC 272 (29 May 2026), is a useful teaching case. On its face it is a… READ MORE
28/05/2026 Bertus Preller Alimony, Clean Break Principle, Divorce, Maintenance, Maintenance termination, Matrimonial Properties Act, Matrimonial Property Act 88 of 1984, Pension Funds, Post-divorce maintenance, Rehabilitative maintenance, Section 7(2) maintenance, Spousal Maintenance accrual system, Antenuptial Contract, clean break principle, conduct of parties, contribution towards costs, CPI escalation, Divorce Act 70 of 1979, divorce South Africa, duration of marriage, earning capacity, employability, Family Law, financial needs and obligations, GEPF, industrial psychologist, Maintenance Order, marital standard of living, matrimonial property, Matrimonial Property Act 88 of 1984, onus to prove need, pendente lite maintenance, pension interest, rehabilitative maintenance, retirement, Section 7(2), section 7(8), spousal maintenance, stay-at-home spouse, termination of maintenance When the Money Must Stop: Rehabilitative Maintenance and the Clean Break in M.I.B (born H[…]) v D.B (2023-079189) [2026] ZAGPPHC 411 (2 May 2026). M.I.B (born H) v D.B (2023-079189) ZAGPPHC 411 (2 May 2026) This judgment of Smit AJ in the Gauteng Division, Pretoria, is a useful working example of how a court… READ MORE
26/04/2026 Bertus Preller Animus contrahendi, qard, Appeal, Divorce, Enrichment, Faskh, Islamic Law, Islamic marriage, Muslim Marriages, Nafaqah, Nikah, Shariah law animus contrahendi, costs order, Dave v Birrell, delictual claim, Divorce Amendment Act 1 of 2024, Family Law, faskh, insurance excess, Islamic marriage, loan versus gift, magistrate's court appeal, Muslim Marriage, nafaqah, nikah, oral agreement, Pillay v Krishna, pleadings, qard, quantum, Shariah law, Shill v Milner, Sonap Petroleum, South African Law, spousal maintenance, tacit agreement, unjustified enrichment, waiver, Western Cape High Court, Women's Legal Centre Trust Loans, Gifts and Nafaqah: How the Western Cape High Court Rewrote the Financial Aftermath of an Islamic Marriage in Y.M v S.P (Appeal) (A146/2025) [2026] ZAWCHC 164 (13 April 2026). The facts: a brief nikah, a premature birth and a R154 118 claim In Y.M v S.P (Appeal) (A146/2025) ZAWCHC 164 (13 April 2026), the Western Cape High Court (Pangarker… READ MORE
25/04/2026 Bertus Preller Attorney and client costs, Best Interests of the Child, Children, Children's Court, constitutional rights of children, Contempt of Court, Costs de bonis propriis, Family Advocate, Lawyer-client alignment, Punitive costs orders activist intervention family law, attorney professional conduct, attorney withdrawal, best interests of the child, child care and contact, child custody disputes, Constitution section 1(c), contempt of court, costs de bonis propriis, Court Order Compliance, Fakie contempt, Family Advocate, family law South Africa, High Court contempt proceedings, High Court parenting disputes, lay assistant family law, Legal Practice Council referral, M.N v J.E, parental responsibilities and rights, parenting litigation, Rule of Law, S v Beyer, social workers, suspended fine, suspended imprisonment, unauthorised legal assistance, Uniform Rule 16(4), urgent child return order, ZAWCHC 189 When Activism Crosses the Line: Contempt, Child Welfare and Attorney Accountability in M.N v J.E and Another (2025/221659) [2026] ZAWCHC 189 (20 April 2026). The Facts: A Child Removed from the Father’s Care, an Urgent Return Order, and the Contempt Sequel In M.N v J.E and Another (2025/221659) ZAWCHC 189 (20 April 2026), Pangarker… READ MORE
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
12/04/2026 Bertus Preller Child born outside marriage, Child Maintenance, Children, Divorce, In Community of Property, Maintenance Court, Maintenance order enforcement, Rule 43, Rule 43 orders, Spousal Maintenance child born outside marriage, community of property divorce, costs in the divorce, divorce litigation South Africa, divorce proceedings South Africa, EH v SH, extra-marital child maintenance, family law South Africa, Forfeiture of benefits, Gauteng High Court, interim maintenance, interlocutory divorce relief, joint estate, joint property income, maintenance duty stepchild, minor child support, NM v BM, pendente lite maintenance, pendente lite relief, rental income divorce, Reyneke v Reyneke, Rule 43, Rule 43 limitations, South African divorce law, spousal maintenance, step-parent maintenance duty, trial court jurisdiction, Uniform Rules of Court, ZAGPJHC When Love Goes Wrong and the Law Says No: The Limits of Rule 43 and a Husband’s Failed Bid for Maintenance and Rental Income — C.M.N v N.N (2025/177461) [2026] ZAGPJHC 320 (31 March 2026). The Facts: An Unemployed Husband, an Extra-Marital Child, and a Contested Rental Income This is an opposed application brought in terms of Rule 43 of the Uniform Rules of Court… READ MORE
02/04/2026 Bertus Preller Alimony, Children, Costs, Divorce, Financial non-disclosure, Maintenance, Non-disclosure consequences, Punitive costs orders, Rule 43, Rule 43 Applications, Rule 43 Cost Contributions, Rule 43 orders, Spousal Maintenance, Variation Rule 43(6) 2-2-3 contact schedule, care and contact, child maintenance, costs contribution, divorce costs, divorce proceedings, Fairways Business Trust, Family Advocate, family trust, financial non-disclosure, forensic auditor, Genius Academy, interim maintenance, legal costs contribution, material change of circumstances, matrimonial property, medical aid maintenance, minor child, patriarchal misdirection, pende lite maintenance, right of first refusal, Rule 43, Rule 43(6), social worker report, South African Family Law, spousal maintenance, sworn valuator, Thembalethu High Court, VW Touareg When Opacity Meets Obligation: Spousal Maintenance, Financial Non-Disclosure and the Limits of Rule 43 — J.V.D.B v O.V.D.B (234/25) [2026] ZAWCHC 136 (23 March 2026). The Facts and Background to the Rule 43(6) Application The matter of J.V.D.B v O.V.D.B (234/25) ZAWCHC 136 (23 March 2026) came before Thulare J in the High Court of… READ MORE
20/03/2026 Bertus Preller Children, Divorce, Divorce Statistics, Marriage Statistics South Africa children affected by divorce South Africa, crude divorce rate South Africa, divorce analysis South Africa, divorce and children South Africa, divorce by population group South Africa, divorce litigation trends South Africa, divorce rate South Africa 2024, divorce statistics article South Africa, divorce trends South Africa, family law South Africa, family law trends South Africa, first marriages divorce South Africa, formal divorce statistics South Africa, Gauteng divorce statistics, KwaZulu-Natal divorce statistics, marriage duration divorce South Africa, Marriages and Divorces 2024, median age at divorce South Africa, rise in divorces South Africa, South Africa divorce statistics 2024, South Africa divorce statistics released 19 March 2026, South African court divorces, South African divorce report 2026, South African family breakdown, Stats SA divorce statistics, Stats SA marriages and divorces 2024, Western Cape divorce statistics, who files for divorce South Africa, wives initiate divorce South Africa South Africa’s 2024 divorce statistics, released on 19 March 2026: what changed, what matters, and what the numbers really show. This article explains the key features of Statistics South Africa’s latest divorce release, highlights the most important movements from 2023 to 2024, and places the published figures in their wider… READ MORE
16/03/2026 Bertus Preller Alimony, Appeal, Arrear Maintenace, Arrear Maintenance, Arrear maintenance claims, Best Interests of the Child, Child Maintenance, Children, Divorce, Duty to maintain, Interim Maintenance, Interlocutory applications, Irregular proceedings, Leave to appeal Superior Courts Act, Maintenance, Maintenance Court, Parental Rights, Pendente Lite, Procedural Law, Punitive costs orders, Rule 43, Rule 43 Appeal, Rule 43 Applications, Rule 43 orders, Rule 58, Spousal Maintenance, Stepparents, Variation Rule 43(6) accrual system, appealability, blended families, common law development, Divorce, divorce proceedings, duty of support, Family Law, Govindjee AJA, interests of justice, interim maintenance, interim relief, jurisdictional threshold, maintenance pendente lite, non-appealability, out of community of property, piecemeal appeals, Rule 43, Rule 43(6), SCA, section 16(3), section 173 Constitution, South African divorce law, statutory bar, stepchildren, stepparent maintenance, Superior Courts Act, Supreme Court of Appeal, Western Cape High Court Blended Families, Bitter Disputes and a Blocked Appeal: The SCA Draws the Line on Rule 43 Appealability in B.E v N.T and Others (505/2025) [2026] ZASCA 25 (11 March 2026). The Facts: A Blended Family, a Breakdown, and a Battle Over Stepchildren's Maintenance BE and NT married on 27 April 2018, out of community of property subject to the accrual… READ MORE