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
06/03/2026 Bertus Preller Alimony, Best Interests of the Child, Children, Divorce, Duty to court, Duty to maintain, Financial non-disclosure, Interim Maintenance, Maintenance, Non-disclosure consequences, Rule 43, Rule 43 Applications, Rule 43 orders, Spousal Maintenance, Trusts, Trusts, Variation Rule 43(6) Pleading Poverty While Plundering the Pot: The Courts Draw a Hard Line on Rule 43(6) Abuse — C V S v S V S (18688/2022) [2026] ZAWCHC 30 (16 February 2026). The Facts: A Pattern of Non-Disclosure and Deliberate Financial Engineering In C V S v S V S (18688/2022) ZAWCHC 30 (16 February 2026), Holderness J was confronted with what… READ MORE
27/01/2026 Bertus Preller Adultery, Divorce, Exceptional circumstances separation, In Community of Property, Infidelity, Liquidator, Liquidator, Receiver Divorce, Separation Applications, Separation of issues, Trusts, Trusts accrual system, conceptual separability, convenience test, De Wet NO v Jurgens, divorce litigation, divorce proceedings, divorce South Africa, Estate Sayle, family law South Africa, Gillespie v Gillespie, interim maintenance, joint estate division, marriage in community of property, matrimonial property law, Matrimonial Property Regime, NK v KM, receiver and liquidator, separation of issues, strike date, T.S.Y v L.E.Y, TD v LD, trust assets joint estate, undivided share, Wilson J, ZAGPJHC 34 You Can’t Have Your Divorce and Keep the Estate Too: T.S.Y v L.E.Y (2022/3952) [2026] ZAGPJHC 34 (26 January 2026) on the Inseparability of Divorce and Asset Division in Marriages in Community of Property. The Factual Matrix: A Long-Separated Couple and the Quest for a "Clean" Divorce The applicant, TSY, and the respondent, LEY, married in community of property on 27 July 1989. The… READ MORE
24/08/2024 Bertus Preller Accrual Calculation, Adversarial Legal System, Antenuptial Contracts, Commencement Values, Divorce, Trusts accrual system, Antenuptial Contract, asset dissipation, asset valuation, binding declarations, business entities, classic car valuation, commencement value, constitutional challenge, contractual interpretation, Divorce, expert evidence, expert testimony, financial disclosure, forensic accounting, High Court, High-net-worth divorce, legal precedent, matrimonial property, Matrimonial Property Act, Property Valuation, related-party transactions, South African Law, Trust assets Conclusive Commencement: Manelis v Manelis (32624/2015) [2022] ZAGPJHC 880 – Reshapes Antenuptial Contract Interpretation. Background: The High-Stakes Divorce Battle The Manelis case, heard in the Gauteng Local Division of the High Court of South Africa, revolves around a contentious divorce action where the parties… READ MORE
20/08/2024 Bertus Preller Accrual Calculation, Adversarial Legal System, Costs, Divorce, Hostile Family Lawyers, Maintenance, Procedure, Rule 43, Separation Applications, Subpoenas, Trusts accrual calculations, asset valuation, complex divorces, Divorce Decree, Family Law, Financial Disputes, High-net-worth divorce, interim relief, Judicial Discretion, legal precedent, matrimonial property, protracted proceedings, Rule 43 rights, separation order, South Africa, spousal maintenance, strike date, Trust assets, trust law, vexatious litigation Unshackling Dead Marriages: TD v LD and Others (32195/2017) [2024] ZAGPJHC 751 (12 August 2024) – Reshapes High-Net-Worth Divorces in South Africa. Background: A Protracted Divorce Battle The case of TD v LD and Others (32195/2017) ZAGPJHC 751 (12 August 2024) highlights the complexities and challenges of high-net-worth divorces in South Africa.… READ MORE
27/04/2024 Bertus Preller Accrual Calculation, Divorce, Hiding Assets, Marital Regimes, Trusts, Trusts accrual system, alter ego, asset protection, Badenhorst v Badenhorst, best interests of children, Constitution, Divorce, economic inequality, equality, estate planning, fact-specific enquiry, gender, Judicial Discretion, Matrimonial Property Act 88 of 1984, piercing the trust veneer, RP v DP, sections 9 and 28, sham trust, substantive equality, transformative constitutionalism, trusts, unfair discrimination, Van Zyl v Kaye Piercing the Trust Veneer in Divorce: A Constitutional Approach to Achieving Equity (Matrimonial Property Act 88 of 1984; Badenhorst v Badenhorst 2006 (2) SA 255 (SCA); RP v DP 2014 (6) SA 243 (ECP)). Introduction The accrual system, as set out in the Matrimonial Property Act 88 of 1984 (hereafter referred to as the MPA), is a matrimonial property regime that aims to recognise… READ MORE
03/04/2024 Bertus Preller Contempt of Court, Divorce, Settlement agreements, Trusts, Trusts accountability, Asset Division, beneficiary interests, compliance, contempt of court, court judgment, divorce order, divorce settlement, duty, Family Law, fiduciary responsibility, Johannesburg High Court, joint action, legal obligations, Legal proceedings, legal remedy, M.F v V.F case, Property Division, property sale, settlement agreement, South African trust law, trust administration, Trust assets, trust deed, trust law, trust management, trust property, trustee conduct, trustees Duties of Trustees Unveiled: Insights from the M.F v V.F Case Analysis – M.F v V.F and Others (2003/22202) [2024] ZAGPJHC 318 (2 April 2024). The Facts Mr. M F (the applicant) and Mrs. V F (the first respondent) were married until their divorce on 15 July 2005. The divorce order incorporated a settlement agreement,… READ MORE
23/03/2024 Bertus Preller Accrual Calculation, Appeal, Divorce, Marital Regimes, Trusts, Trusts accrual system, alter ego trust, Antenuptial Contracts, Asset Concealment, asset protection, Divorce, equitable division, estate calculation, financial manipulation, financial strategy, judicial interpretation, Legal precedents, legal remedies, marital rights, marital wealth, matrimonial disputes, matrimonial property, Paf v Scf, Property Division, South African Law, spouse entitlements, Trust assets, Trust Property Control Act, trust veil Unraveling Trust Assets in Divorce: Navigating South African Matrimonial Law. Trust Assets in Matrimonial Disputes: Navigating South African Legal Waters In South African family law, the treatment of trust assets in matrimonial disputes, particularly during divorce proceedings, presents a complex… READ MORE