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
25/09/2025 Bertus Preller Amendment of Pleadings, Constitutional law, Divorce, Divorce summons South Africa, Marriage, Procedural Law, Procedure, Punitive Cost Orders, Rule 28 amendments, Section 7 Matrimonial Properties Act, Section 7(3) Divorce Act 1984 cut-off date, amendment applications, Antenuptial Contracts, case management, constitutional challenge, Constitutional Court, constitutional development, costs orders, divorce proceedings, EB v ER judgment, equitable relief, Family Law, Judicial Discretion, M.S v E.S, matrimonial contributions, matrimonial property law, Mpumalanga High Court, Msibi AJ, out of community of property, pleadings amendment, procedural amendments, procedural compliance bertus preller, redistribution orders, Rule 28 amendments, RVB v JVB, section 7(3) Divorce Act, South African divorce law Amendment Revolution: How M.S v E.S (3091/2021) [2025] ZAMPMBHC 96 (23 September 2025) Transforms Redistribution Claims Post-EB. Factual Matrix and Procedural History: From Closed Pleadings to Constitutional Development The parties in this matter were married out of community of property, excluding the accrual system, pursuant to a… READ MORE
30/07/2025 Bertus Preller Divorce, Divorce summons South Africa, Irregular proceedings, Mediation, Procedural Law, Rule 30(2)(b) application, Rule 41A mediation notice Alternative Dispute Resolution, court rules, curable defect, Divorce Law, divorce litigation, divorce proceedings, Divorce process, divorce summons South Africa, divorce summons validity, Family Court, family disputes, Growthpoint case, irregular proceedings, legal remedies, Legal Technicalities, litigation procedure, mediation consideration, mediation notice omission, mediation notice requirements, non-compliance Rule 41A, Procedural Compliance, procedural defects, procedural irregularity, Rule 30 application, Rule 30(2)(b) application, Rule 41A mediation notice, South African courts, South African Family Law, Uniform Rules of Court Rule 41A Mediation Notices in Divorce: Why Missing Notices Don’t Kill Your Case. Introduction Rule 41A of the Uniform Rules of Court, introduced in 2020, mandates that litigants consider mediation at the inception of litigation. In divorce actions, this means a plaintiff must… READ MORE