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
24/05/2023 Bertus Preller Alimony, Cohabitation, Divorce, Maintenance, Marriage, Spousal Maintenance Bertus Preller, Divorce, Divorce Attorney South Africa, Divorce News, dum casta clause, new divorce case, spousal maintenance, spousal maintenance case Unveiling the Dum Casta Clause: Ex-Wife’s Spousal Maintenance Rights Revoked Due to Cohabitation after Divorce. M.M.L v J.J.L (A66/2023) ZAFSHC 170 (18 May 2023) This appeal had its origins in an application that was pursued in the Maintenance Court for the district of Bethlehem ("the… READ MORE
13/04/2023 Bertus Preller Divorce, Financial Disclosure, Marriage, Pension Funds Bertus Preller, Divorce, Divorce Attorney Cape Town, Divorce News, Family Law, pension fund, pension fund and divorce HUSBAND RESIGNED FROM PENSION FUND BEFORE DIVORCE – COURT FOUND APPLICANT CANNOT CLAIM AGAINST HIS PENSION. C.N.N v N.N (2021/11607) ZAGPJHC 208 (23 February 2023) INTRODUCTION There is no adequate legal framework that allows non-member spouses to claim portions of the benefits directly from the funds… READ MORE
08/04/2023 Bertus Preller Cohabitation, Common Law Marriage in South Africa, Common Law Wife, Divorce, Marriage cohabitation, common law marriage in South Africa, Divorce, Divorce Attorney Cape Town, life-partnership, marriage, marriage in South Africa, marriage stats Marriage in decline the latest statistics reveal a downward trend in South Africa. Introduction: Recent data released in February 2023 by Stats SA indicates a consistent decline in marriage rates in South Africa over the past decade. The Department of Home Affairs registered… READ MORE
08/04/2023 Bertus Preller Alimony, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43 contribution to costs, Divorce, Divorce Attorney Cape Town, Divorce News, maintenance, Rule 43 Rule 43 Application and a Contribution to Costs – Recent Case. Y.B v L.B (5413/2020) ZAGPPHC 185 (28 March 2023) The premise was that the disadvantaged litigant should be assisted to get to a position of equality of arms with her… 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
19/03/2023 Bertus Preller Divorce, Divorce Statistics Divorce, Divorce Attorney Cape Town, Divorce Statistics, Family Law, Latest Divorce STATS Latest Divorce Statistics released in South Africa. Stats SA released the latest South African divorce statistics on 27 February 2023. These statistics deal with divorces granted in 2021. In 2021, there were 18,208 divorces granted, with an… 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
10/01/2023 Bertus Preller Children, Divorce, Relocation Bertus Preller, Divorce, Divorce News, Family Law, new family law cases, relocation Court grants mother order to relocate to Cape Town. In the case of ADB v BAK (15944/22P) ZAKZPHC 1 (9 January 2023), the court granted an order in favour of the mother to relocate from Durban to Cape Town.… READ MORE