18/01/2024 Bertus Preller Cohabitation, Common Law Marriage in South Africa, Common Law Wife, Life Partnerships, Living Together, Universal Partnership Asset Division, cohabitation, Cohabiting Couples, Contemporary Society, Evolving Norms, Family Law, Historical Origins, Landmark Cases, legal challenges, Legal Framework, Legal Protections, legal recognition, Marriage Alternatives, Modern Relationships, non-marital relationships, Partnership Criteria, Partnership Dissolution, relationship dynamics, Relationship Rights, Roman Law, Roman-Dutch Law, South African Law, Support Obligations, Universal Partnerships UNLOCKING THE LEGAL MYSTERIES OF UNIVERSAL PARTNERSHIPS: NAVIGATING SOUTH AFRICA’S MODERN RELATIONSHIP LANDSCAPE. OVERVIEW OF LEGAL RECOGNITION OF UNIVERSAL PARTNERSHIPS Definition and Essence Universal partnerships, in legal terms, refer to a form of partnership where individuals share their lives and resources in a… READ MORE
18/12/2023 Bertus Preller Life Partnerships, Living Together, Universal Partnership Asset Division, Business Partnerships, Cohabitation Agreements, cohabitation rights, Common-Law Relationships, Contractual Relationships, Joint Ventures, legal obligations, Legal Protection, Legal Rights, Non-Marital Partnerships, Partnership Dissolution, Personal Rights, Prescription Law, Prescription Period, Property Division, South African Law, Universal Partnerships, unmarried couples Dividing the Fruits of A Universal Partnership – The Prescription Dilemma in Khan v Shaik (641/2019) [2020] ZASCA 108. Introduction In the Supreme Court of Appeal case of Khan v Shaik (641/2019) ZASCA 108, the South African courts grappled with a nuanced and complex question: Can a claim for… READ MORE
16/12/2023 Bertus Preller Abuse, Adversarial Legal System, Children, Coercive Control, Cohabitation, Counselling, Cultural Abuse, Digital Abuse, Divorce, Emotional Abuse, Financial Abuse, Harrassment, Hostile Family Lawyers, Infidelity, Life Partnerships, Living Together, Marriage, Mediation, Neglect, Physical Abuse, Psychological Abuse, Reasons for Dicorce, Sexual Abuse, Spiritual Abuse, Verbal Abuse Amazon, Apple Books, Bertus Preller, communication skills, Conflict Resolution, couple counseling, couple therapy, divorce lawyer, emotional intelligence, Family Law, healthy marriage, legal expertise, love and relationships, marital guidance, marriage advice, matrimonial advice, navigating relationships., partnership tips, psychological insights, relationship book, Relationship Challenges, relationship dynamics, Relationship Guide, relationship maintenance, relationship resilience, relationship strategies, self-help, Takealot, The Unexpected Counsellor, understanding love The Unexpected Counsellor – A Divorce Lawyer’s Strategies to Navigate Love and Avoid Heartbreak. About the Book In the intricate dance of relationships, where every step counts and every misstep matters, Bertus Preller's latest book, "The Unexpected Counsellor," emerges as a beacon of wisdom… READ MORE
09/07/2023 Bertus Preller Abuse, Children, Living Together, Parental Rights age difference, Bertus Preller, biological father, boarding school, child welfare, custody dispute, deception, denial of access, Family Law, impact on child, legal battle, minor child, mother, non-compliance, out of wedlock, parental conflict, physical abuse, protection order, relationship dynamics, sentencing, unconventional parenting, unique case, verbal abuse The Complex Battle for Care and Contact: An Unconventional Case of Parental Conflict, the Views, and the Welfare of a Minor Child. A.C v S.A.M (22507/2021) ZAGPJHC 756 (27 June 2023) INTRODUCTION This matter was initially brought before the court on 18 May 2021 as an urgent application. The applicant sought an… READ MORE
01/07/2023 Bertus Preller Children, Cohabitation, Life Partnerships, Living Together, Parental Rights, Same Sex Couples artificial fertilisation, Bertus Preller, best interests of the child, Children’s Act 38 of 2005, Children’s Court, Constitutional Court, constitutional defects, constitutional invalidity, discrimination, Divorce Attorney Cape Town, Divorce News, Family Law, family life, marital status, parental rights and responsibilities, Parliament, permanent life partners, remedy, right to dignity, sexual orientation Landmark Ruling: South Africa’s Constitutional Court Declares Section 40 of the Children’s Act Unconstitutional, Affirming Parental Rights for Same-Sex Couples. VJV AND ANOTHER v MINISTER OF SOCIAL DEVELOPMENT AND ANOTHER ZACC 21 - 29 JUNE 2023 The Constitutional Court ruled on an application for validation of a constitutional invalidity that… READ MORE
01/07/2023 Bertus Preller Children, Life Partnerships, Living Together, Relocation best interests of minor children, cohabitation, Constitutional Court, discrimination, Divorce, Divorce Attorney Cape Town, Divorce News, equality, human dignity, landmark judgement, married parents, Mediation in Certain Divorce Matters Act 24 of 1987, never-married parents, Office of the Family Advocate, Section 4, South Africa, South African Constitution relocation Landmark Constitutional Court Ruling: Equal Access to Family Advocate Services for All Parents in South Africa. CENTRE FOR CHILD LAW V T S AND OTHERS ZACC 22 - 29 June 2023 THE FACTS The facts of the Centre for Child Law v T S and Others… READ MORE
22/03/2023 Bertus Preller Cohabitation, Common Law Marriage in South Africa, Common Law Wife, Interim Maintenance, Life Partnerships, Living Together, Maintenance, Rule 43 Bertus Preller, cohabitation, common law marriage in South Africa, Divorce Attorney Cape Town, Family Law, life-partnership, maintenance Life Partnerships and Maintenance – Dissenting Judgement E.W v V.H [2023] ZAWCHC 58 (17 March 2023) There is no doubt that the matter of E.W v V.H (12272/2022) ZAWCHC 58 (17 March 2023) will advance to the Constitutional Court for clarity on whether a duty of… READ MORE
17/03/2023 Bertus Preller Cohabitation, Common Law Marriage in South Africa, Common Law Wife, Life Partnerships, Living Together, Maintenance Life Partnerships – Maintenance – Missed Opportunity – EW v VH & Women’s Legal Trust Centre, case no. 12272/2022. In previous articles I wrote about an application in the Cape High Court, extending the common law regarding to maintenance to partners in a life partnership. A descending judgement was… READ MORE
13/01/2023 Bertus Preller Common Law Marriage in South Africa, Common Law Wife, Interim Maintenance, Life Partnerships, Living Together, Maintenance, Rule 43 cohabitation, cohabitation agreement, common law marriage in South Africa, common law wife, Divorce, ex lege duty of support between life-partners, life partnerships, life-partnership, living together Landmark Application, Interim Maintenance in a Life Partnership. In earlier articles I made mention of an application that will be argued in the High Court Cape Town on 20 January 2023 before 3 Judges. The Women’s Legal Centre… READ MORE
09/01/2023 Bertus Preller Common Law Marriage in South Africa, Common Law Wife, Life Partnerships, Living Together, Universal Partnership Civil Partnership, cohabitation, cohabitation agreement, common law marriage in South Africa, Divorce, Divorce Attorney Cape Town, Family Law cases, Family Law News, family law news South Africa, universal partnership Judge finds a Universal Partnership in a Cohabitation Relationship Introduction In the recent case of LM v RK ZAWCHC 1; 1 All SA 738, Nziweni AJ found that a universal partnership existed in a cohabitation relationship. Living together does… READ MORE