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
06/01/2023 Bertus Preller Children, Divorce, Maintenance, Relocation adversarial litigation, Bertus Preller, Divorce Attorney Cape Town, Divorce Attorney South Africa, Family Law, Family Law Attorney conduct, Family Lawyer, Family Lawyer conduct The Conduct of Family Lawyers In my previous post I did a case summary of the matter of DD v DHE an application which dealt with the relocation of a minor child from South Africa… READ MORE
02/01/2023 Bertus Preller Children, Divorce, Relocation child rights, costs, Divorce, Family Law, relocation, relocation law, Section 28 Constitution, voice of the child Court Grants Order in Favour of Father to Relocate with Daughter to Croatia In the unreported case of DD v DHE, under case number 14582/2022, the Gauteng High Court granted an order to the father to relocate with his 13 year old daughter… READ MORE
18/08/2022 Bertus Preller Cohabitation, Divorce Divorce, Divorce Statistics, Divorces per year, Latest Divorce STATS Divorce Trends in South Africa (2011 – 2020) In 2022, Stats SA released the 2020 divorce data. This was based on 16 097 finished divorce forms that Stats SA received and processed. The total (16 097) suggests a… READ MORE
11/08/2022 Bertus Preller Divorce, Financial Disclosure, Trusts Bertus Preller, Divorce Attorney Cape Town, Divorce Attorney South Africa, Family Law, Trusts and divorce Supreme Court of Appeal finds Trust Assets Not Part of Accrual – Divorce. MJ K v II K (360/2021) ZASCA 116 This appeal to the Supreme Court of Appeal (SCA) was about a divorce case where the parties were married out of community… READ MORE
24/07/2022 Bertus Preller Alimony, Arrears, Children, Divorce, Interim Maintenance, Maintenance, Rule 43 Child Support News, Divorce, Divorce Lawyer Cape Town, Family Law, Lanmark case, maintenance, maintenance aduld child, maintenance laws, Supreme Court of Appeal Supreme Court of Appeal Rule that you can claim maintenance for your children older than 18 years. On the breakdown of a marriage or similar relationship it is mostly mothers who become the custodial parent and have to care for the children. This puts an further financial… READ MORE
25/06/2022 Bertus Preller Divorce, Financial Disclosure, International Divorce, Trusts Bertus Preller, Divorce, Divorce Attorney Cape Town, Divorce Attorney South Africa, Family Law, New Case on Trusts and Divorce, Trusts and divorce Hiding Assets in a Trust during Divorce P A F v S C F (788/2020) ZASCA 101 (22 June 2022). In a wealthy Durban businessman's divorce case, it was found that he had tried to hide R5.5… READ MORE
29/01/2022 Bertus Preller Divorce, Financial Disclosure Divorce Attorney Cape Town, Divorce Attorney South Africa, financial disclosure Hiding Assets in a Divorce. In the Supreme Court of Appeal case of DEB v MGB 2014 ZASCA 137, the court expressed its displeasure of parties in divorce proceedings who does not properly disclose their… READ MORE