23/07/2025 Bertus Preller Abuse, Adultery, Division of Estate, Divorce, Divorce Statistics, Domestic Violence, Forfeiture of Benefits, Infidelity, Marriage accrual, adultery, Andy Byron, Asset Division, assets, B.R.B.M v R.K.B.M, C.M.M v A.M.S.M, community of property, Divorce Act, Divorce Law, Family Court, family law attorney, forfeiture, forfeiture orders, High Court, legal commentary, legal precedent, M v M, marital breakdown, Matyila v Matyila, misconduct, no-fault divorce, patrimonial benefits, public infidelity, section 9(1), South Africa, T.N v S.N, undue benefit, Wijker v Wijker Andy Byron Scandal: Public Infidelity and the Forfeiture of Assets under Section 9(1) of the Divorce Act in South Africa. South African divorce law permits courts to depart from the usual 50/50 division of marital assets in order to prevent an undeserved windfall to a spouse who caused or contributed… READ MORE
29/06/2025 Bertus Preller Abuse, Bail, Coercive Control, Cultural Abuse, Digital Abuse, Domestic Violence, Domestic Violence, Financial Abuse, GBV, Harassment, Harrassment, Interim Protection Order, Neglect, Physical Abuse, Psychological Abuse, Revenge Porn, Sexual Abuse, Spiritual Abuse, Verbal Abuse bail and constitutional rights, bail family court, bail for abusers, bail procedure GBV, bail reform South Africa, child custody GBV, CPA section 60, Criminal and Related Matters Amendment Act, criminal procedure GBV, domestic abuse bail rules, domestic violence law, family law bail, family law impact bail, family lawyer GBV, GBV bail South Africa, GBV court process, GBV justice system, GBV legal changes, intimate partner violence justice, legal reform GBV, magistrate bail GBV, no police bail GBV, protection order at bail, protection orders bail, reverse onus bail, section 60(11)(c), South African criminal law, victim safety bail No Easy Bail for Abusers: How the Criminal and Related Matters Amendment Act 12 of 2021 is Reshaping GBV Justice in South Africa. Introduction South Africa continues to grapple with an epidemic of gender-based violence (GBV), with rates of femicide reported to be five times the global average. GBV – particularly domestic and… READ MORE
26/09/2024 Bertus Preller Abuse, Coercive Control, Cultural Abuse, Digital Abuse, Domestic Violence, Domestic Violence, Emotional Abuse, Financial Abuse, Harassment, Physical Abuse, Psychological Abuse Burden of Proof, credibility assessment, domestic violence, Domestic Violence Act, evidence evaluation, High Court Judgment, Judicial Review, legal precedent, legal safeguards, magistrates court, mental health, protection orders, relationship dynamics, South African Law Tipping the Scales: High Court Overturns Domestic Violence Order in K.J.G v J.T.G (A85/2024) [2024] ZAGPPHC 913. Background: A Troubled Marriage and the Domestic Violence Act The case of K.J.G v J.T.G (A85/2024) ZAGPPHC 913 (6 September 2024) offers a poignant glimpse into the complexities of domestic… READ MORE
08/08/2024 Bertus Preller Abuse, Adversarial Legal System, Best Interests of the Child, Children, Domestic Violence, Holiday Travel, International Travel, Relocation, Views of the Child best interests of child, child welfare, children's act, co-parenting, court order, custody rights, Divorce, Family Advocate, Family Court, Immigration Act, international travel, judicial interpretation, Legal Guardianship, minor's travel, parental consent, Parental Rights, parenting plan, South African Law, travel regulations Navigating Parental Consent for International Travel: Insights from J.S v R.S (4146/24) [2024] ZAWCHC 199 (2 August 2024) Background: A Battle Over Holiday Travel with a Minor Child In the recent Western Cape High Court case of J.S v R.S (4146/24) ZAWCHC 199 (2 August 2024), Acting Justice… READ MORE
05/08/2024 Bertus Preller Abuse, Adultery, Adversarial Legal System, Alternative Dispute Resolution, Children, Costs, Divorce, Domestic Violence, Forfeiture of Benefits, Infidelity, Pension Funds, Reasons for Dicorce court discretion, Divorce, Divorce Act, evidence, financial transparency, forfeiture, Gauteng High Court, joint estate, Judge Wanless, legal precedent, litigation, marriage, matrimonial property, pension interest, pleadings, Property Division, South Africa, spousal contribution, substantial misconduct Forfeiture of Benefits in Divorce: Lessons from T.N v S.N (14166/2019) [2024] ZAGPJHC 703 (24 July 2024). Background of the T.N v S.N Divorce Case The case of T.N v S.N (14166/2019) ZAGPJHC 703 (22 July 2024) involves a divorce action heard in the Gauteng High Court,… READ MORE
16/05/2024 Bertus Preller Abuse, Coercive Control, Cultural Abuse, Digital Abuse, Domestic Violence, Emotional Abuse, Financial Abuse, Harassment, Harrassment, Interim Protection Order, Neglect, Physical Abuse, Psychological Abuse, Sexual Abuse, Spiritual Abuse, Verbal Abuse The Crucial Role of Full Disclosure in Domestic Violence Interim Protection Orders: Legal Standards, Case Law, and Practical Guidance. INTRODUCTION TO THE DUTY OF FULL DISCLOSURE IN DOMESTIC VIOLENCE APPLICATIONS The principle of full disclosure is paramount in ex parte applications, where orders are granted without notice to the… READ MORE