22/09/2023 Bertus Preller Abuse, Alimony, Children, Divorce, Financial Disclosure, Forfeiture of Benefits, Maintenance, Marriage, Parental Rights, Pension Funds, Settlement agreements, Spousal Maintenance Asset Division, Bertus Preller, Children's Welfare, court order, Divorce, Divorce Attorney Cape Town, Divorce News, Family Law, Legal Costs, maintenance, Marriage Dissolution, Parental Responsibilities, Pension Forfeiture, Property Valuation, Questionable Conduct, Settlement, South African Law, spousal support When Love Goes Sour and Assets Get Tangled: How One Husband’s Questionable Conduct, Refusal to Settle, and Legal Maneuvering Shaped a Divorce Ruling. N.S v M.F.S (20/27078) ZAGPJHC 1044 (19 September 2023) Litigation History The Defendant represented himself, while the Plaintiff had legal representation. The Defendant filed 12 applications against the Plaintiff, most… READ MORE
27/08/2023 Bertus Preller Alimony, Arrears, Divorce, Financial Disclosure, Maintenance, Marriage, Pension Funds, Spousal Maintenance, Trusts Annuities Tax Implications, Appeals Court, Asset Base, Bertus Preller, Burden of Proof, Case Law, Cost of Appeal, Divorce Attorney Cape Town, Divorce News, divorce settlement, Economic Uncertainty, Elderly Parties, Family Law, Financial Circumstances, Judgment Reversal, legal precedent, Legal Thresholds, maintenance, Maintenance Order, Pacta Sunt Servanda, South African Law, Trustee, Variation Application CHANGING FORTUNES, UNCHANGED OBLIGATIONS: HOW A COURT ON APPEAL WEIGHED FINANCIAL CIRCUMSTANCES IN VARIATION OF A MAINTENANCE ORDER L.J v P.H.A.J (HCA35/2022) ZALMPPHC 49 (18 July 2023) INTRODUCTION This case was an appeal to the High Court Limpopo Division against the rulings made by an Acting Magistrate, who… READ MORE
18/07/2023 Bertus Preller Alimony, Financial Disclosure, Maintenance, Settlement agreements, Spousal Maintenance Bertus Preller, court appeal, court decision, court errors, court judgement, court order, Divorce, Divorce Attorney Cape Town, divorce settlement, Family Law, financial arrangements, financial disclosure, financial investigation, High Court appeal, JSB vs LDB, legal appeal, legal case, legal dispute, legal duty, legal obligations, legal precedent, Legal proceedings, Magistrate's errors, Maintenance Act, maintenance agreement, maintenance investigator, maintenance obligations, maintenance officer, settlement agreement, spousal maintenance, spousal support Correcting Course: How the High Court Rectified the Magistrate’s Errors in the JSB vs LDB Spousal Maintenance Case. L.D.B v J.S.B (A3079/2021) ZAGPJHC 786 (13 July 2023) BACKGROUND On the 31st of January 2014, the respondent, JSB, had divorced the appellant, LDB. The terms of the divorce had… READ MORE
13/04/2023 Bertus Preller Divorce, Financial Disclosure, Marriage, Pension Funds Bertus Preller, Divorce, Divorce Attorney Cape Town, Divorce News, Family Law, pension fund, pension fund and divorce HUSBAND RESIGNED FROM PENSION FUND BEFORE DIVORCE – COURT FOUND APPLICANT CANNOT CLAIM AGAINST HIS PENSION. C.N.N v N.N (2021/11607) ZAGPJHC 208 (23 February 2023) INTRODUCTION There is no adequate legal framework that allows non-member spouses to claim portions of the benefits directly from the funds… READ MORE
09/04/2023 Bertus Preller Alimony, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43 Divorce, Divorce Attorney Cape Town, Family Law, interim maintenance, maintenance, maintenance laws, maintenance pendente lite, Rule 43 Wife looses claim for contribution to costs in Rule 43 application after gambling spree. S.K v J.L.K (3198/23) ZAWCHC 62 (24 March 2023) - THULARE J The requirement in Rule 43 for a just order places a duty not only on the courts but… READ MORE
08/04/2023 Bertus Preller Alimony, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43 contribution to costs, Divorce, Divorce Attorney Cape Town, Divorce News, maintenance, Rule 43 Rule 43 Application and a Contribution to Costs – Recent Case. Y.B v L.B (5413/2020) ZAGPPHC 185 (28 March 2023) The premise was that the disadvantaged litigant should be assisted to get to a position of equality of arms with her… READ MORE
06/11/2022 Bertus Preller Alimony, Cohabitation, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43 cohabitation, duty of support, interim maintenance for unmarried partner, life-partnership, maintenance, permanent opposite-sex life-partnership, Rule 43, unmarried partners Interim Maintenance for an Unmarried Partner in a permanent opposite-sex life-partnership. A very interesting application was set down to be heard before three Judges in the Cape High Court. In the application, akin to a Rule 43 application, the Applicant will… READ MORE
11/08/2022 Bertus Preller Divorce, Financial Disclosure, Trusts Bertus Preller, Divorce Attorney Cape Town, Divorce Attorney South Africa, Family Law, Trusts and divorce Supreme Court of Appeal finds Trust Assets Not Part of Accrual – Divorce. MJ K v II K (360/2021) ZASCA 116 This appeal to the Supreme Court of Appeal (SCA) was about a divorce case where the parties were married out of community… READ MORE
25/06/2022 Bertus Preller Divorce, Financial Disclosure, International Divorce, Trusts Bertus Preller, Divorce, Divorce Attorney Cape Town, Divorce Attorney South Africa, Family Law, New Case on Trusts and Divorce, Trusts and divorce Hiding Assets in a Trust during Divorce P A F v S C F (788/2020) ZASCA 101 (22 June 2022). In a wealthy Durban businessman's divorce case, it was found that he had tried to hide R5.5… READ MORE
29/01/2022 Bertus Preller Divorce, Financial Disclosure Divorce Attorney Cape Town, Divorce Attorney South Africa, financial disclosure Hiding Assets in a Divorce. In the Supreme Court of Appeal case of DEB v MGB 2014 ZASCA 137, the court expressed its displeasure of parties in divorce proceedings who does not properly disclose their… READ MORE