10/10/2026 Bertus Preller Constitutional Court divorce pension, Divorce, Equitable redistribution, Marriage out of community of property without accrual, Pension Funds, Pension Funds Act 24 of 1956, Pension interest, Pension interest divorce, Redistribution Claim, Redistribution of assets divorce, Redistribution order, Section 7(3) Divorce Act, Section 7(7)(c) Divorce Act [2026] ZACC 39, accrual system exclusion, antenuptial contract pension, B 20 of 2025, Bertus Preller, Constitutional Court divorce pension, Dambuza J, declaration of invalidity not suspended, Divorce Attorney Cape Town, EB v ER, GD v Minister of Home Affairs, gender discrimination divorce, General (Family) Laws Amendment Bill, just and equitable redistribution, KG v Minister of Home Affairs, marriage out of community of property without accrual, Matrimonial Property Act 1984, Pension Funds Act divorce, pension interest divorce, pension redistribution order, post-1984 marriages, prospective order divorce, redistribution of assets divorce, section 7(3) Divorce Act, section 7(7)(c) Divorce Act, section 7(8) Divorce Act, section 9(1) Constitution, section 9(3) unfair discrimination, South African Family Law Pension Interest Now Redistributable in All Marriages Without Accrual: The Constitutional Court Strikes Down Section 7(7)(c) of the Divorce Act in GD v Minister of Home Affairs and Others (CCT 60/25) [2026] ZACC 39 (9 October 2026). The facts and the road to the Constitutional Court The applicant, Mrs D, and the third respondent, Mr D, met in 1999 and married on 25 April 2004 out of… 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
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
21/06/2025 Bertus Preller Division of Estate, Divorce, Financial Disclosure, Maintenance, Marriage, Muslim Marriages, Redistribution Claim, Same Sex Couples accrual system exclusion, antenuptial contract override, asset redistribution divorce, Constitutional Court divorce ruling 2023, constitutional family law, customary marriage divorce, divorce asset division reform, divorce court powers, divorce settlement negotiation, equitable asset distribution, family law modernization, financial vulnerability divorce, gender equality divorce, General Laws Family Matters Amendment Bill 2025, homemaker financial rights, marriage contract fairness, matrimonial property act amendment, Muslim marriage divorce rights, non-financial contributions marriage, out of community property, separate property marriage, South Africa divorce law, spousal maintenance alternatives, stay-at-home spouse rights, surviving spouse claims, vulnerable spouse protection, widowhood financial protection South Africa’s Divorce Revolution: How the 2023 Constitutional Court Ruling and General Laws (Family Matters) Amendment Bill 2025 Rewrote Asset Division Laws to Protect Vulnerable Spouses. Introduction South Africa is on the verge of a major transformation in divorce law that will fundamentally change how assets are divided when marriages end. Justice Minister Mmamoloko Kubayi has… READ MORE
29/11/2024 Bertus Preller Divorce, Procedure, Redistribution Claim amendment applications, amendment costs, amendment of pleadings, amendment rules, civil procedure, court amendments, Court Applications, court process, court rules, divorce amendments, divorce claims, divorce courts, Divorce Law, divorce litigation, divorce pleadings, divorce proceedings, High Court judgments, Judicial Discretion, legal amendments, legal developments, Legal Procedure, matrimonial property, pending divorces, pleadings procedure, procedural law, property claims, property redistribution, redistribution claims, Rule 55A Amending Divorce Pleadings: RVB v JVB (A92/2024) [2024] ZAFSHC Opens Door for Redistribution Claims. Background: Marriage and Divorce Proceedings In October 2009, a couple embarked on their marital journey with a clear legal framework in place. They entered into an antenuptial contract that explicitly… READ MORE