12/09/2024 Bertus Preller Adversarial Legal System, Alimony, Best Interests of the Child, Child Maintenance, Children, Costs, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance, Stepparents blended families, child support, children's rights, financial disclosure, forensic investigation, High-net-worth divorce, in loco parentis, interim maintenance, Legal Costs, Rule 43 Application, South African Family Law, standard of living, stepparent maintenance, Western Cape High Court Stepparent Obligations Redefined: N.M v B.M and Others (11384/2024) [2024] ZAWCHC 254 (11 September 2024) – Shakes Up Family Law. The Blended Family Dilemma: Stepparent Maintenance in South African Law The recent judgment in N.M v B.M and Others (11384/2024) ZAWCHC 254 (11 September 2024) has brought the complex issue… READ MORE
03/09/2024 Bertus Preller Children, Costs, Divorce, Financial Disclosure, Rule 43, Rule 43 Cost Contributions adverse inferences, child welfare, corporate veil, financial disclosure, high-net-worth, interim maintenance, Legal Costs, luxury lifestyle, maintenance pendente lite, marital standard, property expenses, psoriasis medication, Rule 43, South African divorce, trust law Rule 43 Showdown: High Court Unravels Luxury Divorce in M.M v T.M (2023/012335) [2024] ZAGPJHC 835. (20 August 2024). Background: A High-Flying Couple's Messy Divorce In the realm of high-profile divorces, the case of M.M v T.M (2023/012335) ZAGPJHC 835 (20 August 2024) stands out as a particularly complex… READ MORE
07/08/2024 Bertus Preller Adversarial Legal System, Alternative Dispute Resolution, Best Interests of the Child, Children, Costs, Divorce, Financial Disclosure, Hostile Family Lawyers, Maintenance, Procedure, Rule 43, Spousal Maintenance aggressive litigation tactics, asset depletion, child welfare, divorce process critique, exorbitant legal fees, financial disclosure, financial hardship, high-conflict divorce, interim relief, judicial case management, Legal Costs, legal reform, maintenance variation, Material change in circumstances, matrimonial property, minor child impact, prolonged litigation, Rule 43, South African Family Law A Decade of Divorce: L.S v J.S (23967/2012) [2024] ZAGPJHC 653 Exposes Flaws in South African Family Law (2 August 2024). Background: A 12-Year Divorce Battle Reaches New Heights The case of L.S v J.S (23967/2012) ZAGPJHC 653 (2 August 2024) presents a stark illustration of the perils of prolonged divorce… READ MORE
27/07/2024 Bertus Preller Alimony, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance court judgments, Divorce, divorce litigation, Family Law, financial assessment, financial disclosure, full disclosure, interim maintenance, interim relief, legal precedent, Legal proceedings, marital property, matrimonial assets, matrimonial disputes, Mediation, Rule 43, South Africa, spousal support, Uniform Rules of Court Full Disclosure and Reasonableness: Key Lessons from M.Y v J.Y (2024/013982) [2024] ZAGPJHC 684 in Rule 43 Applications (26 July 2024). Background: A Short-Lived Marriage Leads to Rule 43 Application The case of M.Y v J.Y (2024/013982) ZAGPJHC 684 (26 July 2024) revolves around a Rule 43 application filed by the… READ MORE
23/07/2024 Bertus Preller Contempt of Court, Financial Disclosure, Maintenance, Rule 43 contempt of court, Court Order Compliance, divorce proceedings, Family Law, financial transparency, Gauteng High Court, interim order, judicial authority, maintenance payments, mala fides, Rule 43, South African Law, Suspended Sentence, wilful disobedience Contempt of Court in Divorce Proceedings: Lessons from L.M.G V J.M.G (124145/2023) [2024] ZAGPPHC 672 (9 July 2024). The Importance of Obeying Court Orders in South Africa In the recent High Court judgment of L.M.G v J.M.G (124145/2023) ZAGPPHC 672 (9 July 2024), Judge Swanepoel emphasised the critical… READ MORE
24/06/2024 Bertus Preller Alimony, Child Maintenance, Children, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43, Spousal Maintenance Access to Justice, Bannatyne v Bannatyne, best interests of the child, care and contact arrangements, Cary v Cary, child maintenance, Children’s Act 38 of 2005, cost contribution orders, divorce proceedings, Du Preez v Du Preez, financial disclosure, financial transparency, Gender Equality, high-net-worth divorces, high-stakes divorce, interim maintenance, interim relief, L.E.A v A.J.A, Legal Costs, luxurious lifestyle, Mahikeng, maintenance claims, North-West Division High Court, Rule 43 Application, Section 28 Constitution, South African Law, Taute v Taute, trusts and business interests, WT v KT Balancing Luxury and Justice: High-Stakes Divorce and Child Maintenance in L.E.A v A.J.A (990/2024) [2024] ZANWHC 142 – (21 June 2024). Background: A High-Stakes Rule 43 Application Imagine a prominent business executive, Mr. A.J.A, and his spouse, Mrs. L.E.A, who live a life of luxury in a R25 million home, frequently… READ MORE
07/05/2024 Bertus Preller Adversarial Legal System, Child Maintenance, Costs, Financial Disclosure, Maintenance, Procedure, Rule 43 094387/23, 2024, abuse of process, Arrear Maintenance, case law interpretation, contact arrangements, costs order, dismissal, divorce proceedings, expeditious decision, Family Advocate, financial position, Gauteng Division, High Court, inexpensive resolution, interim relief, just decision, lengthy affidavits, M.N v A.L.N, maintenance, Minor Children, Pretoria, Rule 43 Application, rule amendments, Rules Board, South African Law, status quo M.N v A.L.N (094387/23) [2024] ZAGPPHC 402 (22 April 2024): High Court Dismisses Lengthy Rule 43 Application as an Abuse of Process. Background of the Rule 43 Application In the case of M.N v A.L.N (094387/23) ZAGPPHC 402 (22 April 2024), the applicant launched a Rule 43 application on 27 November 2023,… READ MORE
22/01/2024 Bertus Preller Alimony, Divorce, Financial Disclosure, Maintenance, Rule 43 business interests, complete disclosure, complex finances, concealed assets, cost contribution, divorce proceedings, divorce scenario, equitable contributions, fair cost-sharing, financial disclosure, Financial Disputes, financial independence, financial non-disclosure, financial positions, financial stability, financial support, gender disparities, gender realities, Legal Costs, Legal precedents, Legal Representation, litigation expenses, litigation strategies, Marumoagae AJ judgment, Material change in circumstances, matrimonial litigation, Rule 43(6), South African Family Law, wealthier spouse Rule 43(6), Cost Contribution, and the Perils of Financial Non-Disclosure in South African Matrimonial Litigation. – G, Z v G, J.G.C (77979/2018) [2024] ZAGPPHC 7 (12 January 2024). Introduction In this intricate and legally significant judgment Marumoagae AJ presided over a Rule 43(6) application that illuminated key aspects of South African family law, particularly in the context of… READ MORE
19/01/2024 Bertus Preller Alimony, Divorce, Financial Disclosure, Maintenance, Rule 43, Spousal Maintenance adventure hobbies, biokineticist mother, Child Custody, Constitutional Rights, divorce financial equity new case, Divorce Law, engineer father, equitable support, fair legal costs, Family court rulings, family law insights, family law precedent, financial disclosures, financial disparity, gender-neutral support, interim maintenance, K.A.E v W.N.E, legal advocacy, Legal Costs, legal expense allocation, Legal Representation, MAHOMED AJ ruling, matrimonial home, mother living with parents, new case analysis, new Rule 43 judgement, parenting plan, Rule 43, South African Family Law, spousal maintenance, spousal support Redefining Fairness: New Case Analysis on Spousal Support Where Mother Lived with Parents, Rule 43. – K.A.E v W.N.E (58415/2021) [2023] ZAGPJHC 1488 (18 December 2023). Facts of the Case Background and Parties Marriage and Separation: The parties, K.A.E (applicant) and W.N.E (respondent), were married in 2010 and separated in 2017, a year after the birth… READ MORE
30/11/2023 Bertus Preller Costs, Divorce, Financial Disclosure, Hiding Assets, International Divorce Appeal Process, Asset Concealment, Co-ownership, Court Rulings, Divorce, Family Law, Financial Disputes, Legal Consequences South African Law, legal obligations, Legal Perspective, Legal precedents, Legal Representation, Legal Strategy, maintenance claims, Marital Assets, Namibian Law, Property Division, Property Transfer, Public Policy, Trust Agreements Divorce and Deception: A Landmark Case on Hidden Assets and Legal Consequences – Insights from Namibian Law: Oberholzer v Loots and another (SA 33-2021) NASC [2023] (22 November 2023) Background and Relationship between the Parties The Appellant and the Respondent were involved in a personal relationship. During this period, they lived together and were engaged in the management and… READ MORE