09/09/2024 Bertus Preller Arrears, Children, Contempt of Court, Divorce, Maintenance, Procedural Law, Procedure, Punitive Cost Orders, Recission of Divorce Orders, Settlement agreements, Urgency attorney-client costs, best interests of the child, child adoption, consent paper, court order, custody, Divorce, Family Law, High Court, mental capacity, Parental Rights, punitive costs, rescission, settlement agreement, South African Law Mental Capacity and Punitive Costs: The Cautionary Tale of C.H v A.C and Others (13612/2024) [2024] ZAWCHC 245. (4 September 2024) Background: A Tumultuous Divorce and Custody Battle The case of C.H v A.C and Others (13612/2024) ZAWCHC 245 unfolds against a backdrop of protracted legal skirmishes following the breakdown of… READ MORE
20/08/2024 Bertus Preller Arrears, Children, Divorce, Maintenance, Pension Funds appellate intervention, Asset Division, child best interests, child support, child welfare, divorce settlement, equitable maintenance, family court High Court Child maintenance, financial assessment, financial fairness, financial proportionality, High Court appeal, Judicial Discretion, Judicial Review, legal obligations, legal precedent, legal reform, magistrate court error, Maintenance Act, maintenance calculation, Maintenance Order, maintenance revision, parental obligations, Parental Rights, pension fund attachment, retirement benefits, retrenchment impact, South African Family Law, Training Layoff Scheme, unemployment consideration Balancing Act: High Court Overturns Punitive Maintenance Order in L.N v N.N (A2923/005472) [2024] ZAGPJHC 772 (19 August 2024). Background: The Divorce Settlement and Initial Maintenance Order The case of L.N v N.N (A2923/005472) ZAGPJHC 772 stems from a divorce settlement reached in August 2022. As part of this… READ MORE
12/06/2024 Bertus Preller Alimony, Appeal, Arbitration, Arrears, Child Maintenance, Divorce, Maintenance, Procedural Law, Procedure, Spousal Maintenance 11 June 2024, 258/2023, access to courts, arbitrability, arbitration, Arbitration Act 42 of 1965, Arrear Maintenance, Divorce Act 70 of 1979, Enforcement, ex lege, Family Law, incidental matters, jurisdiction, legislative provisions, Maintenance Act 99 of 1998, maintenance disputes, matrimonial cause, party autonomy, precedent, public importance, rescission, section 2(a), suspension, variation, VJ v VJ and Another, vulnerable parties, ZASCA 92 Safeguarding Access to Courts in Maintenance Matters: The Supreme Court of Appeal’s Judgement in VJ v VJ and Another (258/2023) [2024] ZASCA 92 (11 June 2024). The Background: A Matrimonial Dispute Turns into an Arbitrability Question The recent judgment in VJ v VJ and Another (258/2023) ZASCA 92 (11 June 2024) has shed light on a… READ MORE
22/04/2024 Bertus Preller Arrears, Child Maintenance, Children, Divorce, Maintenance, Procedure arrears, attachment of assets, costs order, counsel's fees, discretion, divorce order, factual basis, Family Law, High Court, inherent jurisdiction, injustice, maintenance court, maintenance enforcement, movable property, new costs rules, oppressive conduct, post-divorce dispute, precedent, right of election, self-supporting children, settlement agreement, stay of execution, substantive engagement, taxation, trust funds, Writ of Execution High Court Upholds Writ of Execution for Unpaid Maintenance Despite Forum Challenge. – M.R v L.O and Others (2023/070007) [2024] ZAGPJHC 371, (16 April 2024). Facts of the Case M.R v L.O and Others revolves around a dispute between former spouses over allegedly unpaid child maintenance. When the parties divorced, their divorce order incorporated a… READ MORE
18/04/2024 Bertus Preller Arrears, Division of Estate, Divorce, Forfeiture of Benefits, In Community of Property, Maintenance Arrear Maintenance, child maintenance, community of property, division of assets, Divorce, forfeiture, joint estate, matrimonial property system, misconduct, parental rights and responsibilities, pension fund benefits High Court Addresses Pension Fund Benefits and Arrear Maintenance, Forfeiture Not Applied in K.B.P v T.L.P (DIV 155/2014) [2024] ZANWHC 105 (17 April 2024). Introduction The High Court of North West, Mahikeng, heard an opposed divorce case between Mrs. B.P. (plaintiff) and Mr. L.P. (defendant), who were married in community of property on 11th… READ MORE
17/02/2024 Bertus Preller Adversarial Legal System, Arrears, Contempt of Court, Divorce, Interim Maintenance, Maintenance, Rule 43 child maintenance, child welfare, contempt of court, court authority, court judgments, court orders compliance, divorce disputes, divorce proceedings, enforcement of court orders, Family Court, Family Law, financial capacity, interim relief, legal advice, Legal Ethics, legal obligations, Legal proceedings, Legal Representation, legal sanctions, Legal Strategy, maintenance orders, matrimonial disputes, matrimonial litigation, non-compliance consequences, parental obligations, paternal grandparents, personal responsibility, Rule 43 Application, South African Law Contempt and Conduct in Divorce Disputes: Navigating the Thin Line Between Legal Obligations and Personal Responsibility. – J.S.H v M.S.H and Others (1308/2024) [2024] ZAWCHC 42 (16 February 2024). Background and Proceedings Initiated The case of J.S.H v M.S.H and Others, heard in the Western Cape High Court on 26 January 2024, under the judgment of Adhikari AJ, arose… READ MORE
12/02/2024 Bertus Preller Alimony, Arrears, Children, Divorce, Maintenance, Muslim Marriages, Procedural Law, Rule 43, Spousal Maintenance audi alteram partem, civil marriage, contempt of court, court discretion, COVID-19 impact, divorce proceedings, family law disputes, financial hardship, Gois v Van Zyl, High Court judgement, interim maintenance, legal advice, Legal Costs, legal principles, Legal Representation, maintenance obligations, MEC v Ikamva Architects, procedural missteps, R.A v F.A, rescission application, Rule 43(6) order, Rule 45A, Sharia Law, South African Family Law, Strime v Strime, suspension of maintenance orders, Uniform Rules of Court, Urgent Application, Whitfield v Van Aarde Understanding the Suspension of Maintenance Orders: Insights from – R.A v F.A (14491/2020; 14490/2020; 19594/2021) [2024] ZAWCHC 35 (9 February 2024) – LEKHULENI J. Maintenance Disputes: Navigating Rule 43(6) Orders In the significant legal decision of R.A v F.A, delivered on 9 February 2024 by Lekhuleni J in the Western Cape High Court, the… READ MORE
24/01/2024 Bertus Preller Adversarial Legal System, Arrears, Children, Contempt of Court, Divorce, Hostile Family Lawyers, Maintenance adversarial litigation, Amicable Solutions, child welfare, Children's Best Interests, Civil Contempt, Collaborative Resolution, Court Order Compliance, Court Order Violation, D.N.Q v P.Q case, Divorce Litigation Costs, divorce proceedings, Electricity Bill Dispute, Emotional Tensions, Family Law, Financial Disputes, Financial Strain, High Court ruling, Legal Costs, Legal Practitioners' Conduct, Legal Professional Responsibility, Legal Representation, Legal Strategy, Litigation Impact, Marital Tensions, Marumoagae AJ, matrimonial home, Mediation, Rule of Law, South African Judiciary Adversarial Litigation in Divorce and Family Law Practitioners’ Conduct: Unpacking – D.N.Q v P.Q (49090/2021) [2024] ZAGPPHC 12 (12 January 2024). Background of the Dispute The case of D.N.Q v P.Q (49090/2021) ZAGPPHC 12, presided over by Marumoagae AJ, emerged from a dispute within the context of a protracted divorce process.… READ MORE
23/01/2024 Bertus Preller Arrears, Children, Contempt of Court, Divorce, Guardianship, Maintenance, Marriage, Parental Rights Adherence to Court Orders, Attorney and Client Costs, Child's Welfare, Child's Best Interests, Children’s Act 38 of 2005, Constitutional Violation, Contact rights, Contempt of Court Orders, Court Directives, Custodial Sentence, Emotional Strain, Gauteng High Court, Justice Phahlane, Legal Practitioners' Duty, Legal Recourse, Legal System Integrity, maintenance obligations, minor child, Mosopa Order, non-compliance, Parental Responsibilities, Parental Rights, Psychological Impact, Repeated Defiance, Rule of Law, Separation, South African Legal Framework, Urgent Application, Voster Order Justice Prevails: A Landmark Twelve-Month Sentence Upholding the Child’s Best Interests. – B.M.G.S v M.B.S and Others (26675/2022) [2024] ZAGPPHC 24 (8 January 2024). Introduction In this case presided over by Justice Phahlane, the applicant, Mr. S, approached the Gauteng High Court on an urgent basis. The case centred around the contempt of two… READ MORE
06/01/2024 Bertus Preller Alimony, Arrears, Divorce, Interim Maintenance, Maintenance, Rule 43, Spousal Maintenance child support, court ruling, divorce settlements, Family Law, family responsibilities, Financial Obligations, High Court, judicial decisions, legal enforcement, legal implications, Legal precedents, maintenance compliance, maintenance orders, Marital Disputes, new case law, pension fund attachment, retirement annuity, South Africa, spousal support, unpaid maintenance Failure to Pay Maintenance Leads to Retirement Annuity Attachment: A South African High Court Ruling. MO v RO AND ANOTHER – Case Number: 15617/2022 – 5 January 2024. Case Overview In a recently concluded application in the High Court of South Africa (Western Cape Division, Cape Town), with case number 15617/2022, MO (the applicant) brought an urgent application… READ MORE