12/06/2025 Bertus Preller Costs, Divorce, Financial Disclosure, Rule 43, Rule 43 Cost Contributions, Rule 58, Spousal Maintenance, Variation Rule 43(6) Access to Justice, accrual system, banking statements, business interests, close corporation income, costs orders, court discretion, credit facilities, Divorce Act, divorce costs, divorce proceedings, evidence requirements, Family Law, financial disclosure, financial means assessment, High Court Judgment, inadequate disclosure, interlocutory applications, legal contribution, legal costs contribution, legal representation funding, litigation funding, material change circumstances, matrimonial law, matrimonial litigation, patrimonial benefits, Property Valuation, Rule 43 applications, spousal maintenance, uniform rules court Rule 43 Applications Dismissed: Financial Disclosure Failures Sink Litigation Funding Bid in J VW v P C VW (EL 514/2025) [2025] ZAECELLC 8 (27 May 2025). The Facts The parties were involved in a divorce action with patrimonial benefits and the accrual system being central issues. Before the court was an application for a further contribution… READ MORE
10/06/2025 Bertus Preller Best Interests of the Child, Children, Conduct of Childcare Experts, Divorce, Guardianship, International Travel, Maintenance, Muslim Marriages, Parental Coordinator, Parental Rights, Procedural Law, Relocation best interests of child, child psychology relocation, child relocation South Africa, Children’s Act 38 of 2005, constitutional family law, contact arrangements international, cross-border parenting, custodial parent rights, divorce relocation orders, expert witness family law, F v F constitutional rights, Family Advocate reports, family law South Africa, freedom of movement parents, gender discrimination family law, gender equality family court, international custody disputes, international relocation disputes, Jackson v Jackson precedent, KwaZulu-Natal High Court, maintenance obligations relocation, mirror orders international, non-custodial parent contact, parental alienation allegations, parental consent relocation, passport consent children, Portugal relocation case, primary caregiver rights, visa requirements minors Breaking the Shackles: How W.S v N.V (D376/2020; D1062/2021) [2025] ZAKZDHC 35 (6 June 2025) Transformed South African Child Relocation Law and Gender Rights. The Facts: A Family Torn Between Two Continents This case presents a deeply personal yet legally complex dispute that unfolded over several years, illustrating the profound challenges faced by divorced… READ MORE
28/05/2025 Bertus Preller Arrears, Children, Divorce, Interim Maintenance, Islamic Law, Maintenance, Muslim Marriages, Punitive Cost Orders, Rule 43 Acting Judge Van Zyl, attorney client costs, blameworthy conduct, child maintenance, child support enforcement, contempt of court, Contempt Proceedings, curator ad litem, family court orders, family law contempt, family law enforcement, maintenance arrears, maintenance contempt, maintenance default, maintenance defaulters, maintenance enforcement, maintenance obligations, maintenance variation applications, mala fides, periodical imprisonment, punitive costs orders, rental obligations, Rule 43 maintenance, Rule 43 orders, South African Family Law, Suspended Sentence, weekend imprisonment, Western Cape High Court, wilful non-compliance Contempt of Court for Maintenance Default: Weekend Imprisonment and Punitive Costs in S.L v A.C (2024/143281) [2025] ZAWCHC 212 (21 May 2025). Facts The parties were married on 27 April 2009 under Shariah law and have two minor children. Their civil marriage still subsisted, albeit described by Acting Judge Van Zyl as… READ MORE
15/05/2025 Bertus Preller Costs, Interim Maintenance, Maintenance, Maintenance Claims On Death, Marriage, Surviving Spouse, Wills Administration of Estates Act, deceased estates law, estate administration, estate shortfall, executor duties, executor powers, family law South Africa, financial means assessment, financial self-sufficiency, Free State High Court, interim maintenance, interim maintenance claim, Liquidation and Distribution account, maintenance claim evidence, maintenance claim rejection, maintenance needs proof, Maintenance of Surviving Spouses Act, Savvas case, South African inheritance law, surviving spouse maintenance, surviving spouse rights, testamentary freedom, widow's financial position, widow's rights South Africa Financial Self-Sufficiency Defeats Widow’s Maintenance Claim: Savvas v Savvas N.O and Others (1969/2024) [2025] ZAFSHC 115 (7 April 2025). Background: The Maintenance Claim of a Surviving Spouse In the recent judgment of Lynette Savvas v George Michael Savvas N.O and Others (1969/2024) ZAFSHC 115 (7 April 2025), the Free… READ MORE
15/05/2025 Bertus Preller Accomodation, Children, Division of Estate, Divorce, Financial Disclosure, Liquidator, Maintenance, Maintenance Court, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance bond payments, bonding therapy, changed circumstances, community of property, divorce proceedings, enforceability of maintenance orders, financial means, High Court Johannesburg, interim maintenance, joint estate, Judge Kumalo, Judicial Discretion, legal costs contribution, matrimonial home, matrimonial property, minor child preferences, pension benefits, reasonable needs, reciprocal duty of support, Rule 43, South African Family Law, spousal support, unemployment, Van Rippen principle When the Well Runs Dry: Court Dismisses Maintenance Claims in H.E.D. v D.D. (2022/14582) [2025] ZAGPJHC 465 (13 May 2025). Background of the Rule 43 Application in H.E.D. v D.D The case of H.E.D. v D.D (2022/14582) ZAGPJHC 465 (13 May 2025) revolves around an application brought under Rule 43… READ MORE
06/05/2025 Bertus Preller Divorce, Interim Maintenance, Maintenance, Procedure, Rule 43, Separation Applications case analysis, convenience requirement, convenience test, court judgment, Divorce Decree, divorce litigation, divorce proceedings, divorce strategy, financial prejudice, irretrievable breakdown, Judicial Discretion, judicial economy, KwaZulu-Natal High Court, Legal Framework, legal implications, marital status, Marriage Dissolution, matrimonial disputes, matrimonial property, matrimonial rights, Mossop J, piecemeal litigation, prejudice assessment, proprietary consequences, Rule 43 Application, separation of issues, South African Family Law, spousal maintenance, Uniform Rule 33(4) “Shackled or Separated? High Court Dismisses Rule 33(4) Application in A.K v R.N (D6036/2023) [2025] ZAKZDHC 15 (30 April 2025)”. Introduction to A.K v R.N: A Case of Separation of Issues in Divorce Proceedings In the recent case of A.K v R.N (D6036/2023) ZAKZDHC 15 (30 April 2025), the KwaZulu-Natal… READ MORE
18/04/2025 Bertus Preller Arrears, Contempt of Court, Costs, Maintenance, Procedural Law, Variation application proceedings, best interests of children, changed financial circumstances, child support, Civil Contempt, constitutional right of access to courts, contempt of court, Court Order Compliance, enforcement mechanisms, eviction risk, family home, Judicial Discretion, leave to appeal, maintenance arrears, maintenance beneficiaries, maintenance enforcement, maintenance obligations, Maintenance Order, mala fides, Parker AJ, periodic imprisonment, Plascon Evans test, purging contempt, South African Family Law, Superior Courts Act, Suspended Sentence, Variation Application, Western Cape High Court, willful non-compliance Contempt Before Variation: E.W v V.T.H (Leave to Appeal) (7333/2024) [2025] ZAWCHC 162 (11 April 2025). Background to the E.W v V.T.H Contempt Application The case of E.W v V.T.H (Leave to Appeal) (7333/2024) ZAWCHC 162 (11 April 2025) highlights the ongoing tension between maintenance obligations… READ MORE
09/04/2025 Bertus Preller Alimony, Costs, Divorce, Maintenance, Rule 43, Rule 43 Cost Contributions accrual system, Acting Judge Pretorius, constitutional rights in divorce, contribution to legal costs, Divorce Litigation Costs, divorce proceedings, duty of support, equality before the law, Equality of Arms, expert fees in divorce, Family Law, financial disclosure, financial non-disclosure, financial transparency, forensic accounting, Gauteng High Court, high net worth divorce, interim maintenance, legal precedent, maintenance pendente lite, matrimonial property, Qatar Airlines pilot, Rule 43 Application, Rule 43 principles, South African divorce law, spousal maintenance, standard of living, stay-at-home spouse High Court Judgment Clarifies Rule 43 Relief in Wealthy Divorces: M.C D.C.R v A.P.W.R (2024 075727) [2025] ZAGPJHC 307 (19 March 2025). Background to the Rule 43 Application: Interim Maintenance Pending Divorce The case of M.C D.C.R v A.P.W.R (2024 075727) ZAGPJHC 307 (19 March 2025) revolves around a Rule 43 application… READ MORE
20/03/2025 Bertus Preller Arrears Antenuptial Contract, attachment order, civil imprisonment, contempt of court, contempt sanctions, divorce litigation, divorce proceedings, family law judgment, financial affordability, interim maintenance, Judicial Discretion, Justice Bhoopchand, maintenance arrears, maintenance enforcement, maintenance obligations, maintenance payment shortfall, Mala Fide, Maurice Phillips Wisenberg, non-compliance, paediatricians divorce, parental obligations, PPS order, retirement annuity, Rule 43 Order, South African Family Law, Suspended Sentence, trust fund mechanism, Western Cape High Court, wilful contempt, willfulness in contempt Trust Fund Technicality: How R.A v I.K (8953/2020) [2025] ZAWCHC 123 (19 March 2025) Redefines Contempt in Maintenance Orders. Background: The Tumultuous Divorce Proceedings Leading to the Contempt Application The case of R.A v I.K (8953/2020) ZAWCHC 123 (19 March 2025) provides a compelling glimpse into the often complex… READ MORE
01/03/2025 Bertus Preller Best Interests of the Child, Children, Guardianship, Maintenance, Maintenance Court, Parental Rights, Procedure best interests of the child, Case Law, child support, children's rights, Children’s Court, children's act, common law, Constitutional Court, Constitutional Rights, duty of support, Family Law, forum non conveniens, forum shopping, Judicial Discretion, jurisdiction, legal nullity, Maintenance Act, maintenance court, maintenance obligations, Mediation, parental authority, Parental Duties, parental responsibility, right to support, South African Law, statutory interpretation, UNCRC, unmarried fathers FCP v STC: Western Cape High Court Rules Parental Maintenance Duty Cannot Be Terminated (A 46/2024; 29 January 2025). The Constitutional Right to Child Maintenance Cannot Be Terminated: Understanding the Landmark Judgment In the groundbreaking case of FCP v STC and Another (A 46/2024; 1762021/000227) ZAWCHC 68 (29 January… READ MORE