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
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
25/02/2025 Bertus Preller Customary Law, Customary Marriages, Divorce, Islamic Law, Maintenance, Muslim Marriages, Rule 43, Rule 58, Spousal Maintenance AM v RM case, constitutional family law, custody disputes, Divorce Amendment Act 1 of 2024, divorce case law, divorce legislation, divorce maintenance, divorce proceedings, Essop v Haffejee case, interim relief, Islamic divorce, Islamic law in South Africa, judicial oversight, Legal Jurisdiction, legal precedent, Legal Protections, matrimonial disputes, matrimonial law, Muslim Marriage, Muslim spouses, Muslim women rights, religious divorce, Rule 43, SJ v SE case, South African divorce law, South African Family Law, South African High Court, spousal maintenance, Talaaq, Zaphiriou case South African Court Rules on Talaaq and Rule 43 Interim Relief in Divorce – H.A v N.A (144907/2024) [2025] ZAGPPHC 121 (13 February 2025). Introduction: A Landmark Case on Muslim Marriages and Rule 43 The case of H.A v N.A (144907/2024) ZAGPPHC 121 (13 February 2025) addresses a significant legal question concerning the application… READ MORE
31/01/2025 Bertus Preller Alimony, Best Interests of the Child, Child Maintenance, Children, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Procedural Law, Rule 43, Rule 43 Cost Contributions, Rule 58, Spousal Maintenance, Variation, Variation Rule 43(6) best interests of the child maintenance, burden of proof maintenance, child maintenance law, cohabitation and maintenance, constitutional rights in maintenance, court reasoning in maintenance cases, ex-spouse financial obligations, family law court precedents, financial disclosure in divorce, financial hardship maintenance claims, interim maintenance orders, interim relief family law, KLW v CSW 2025, legal challenges in maintenance reduction, legal precedent in family law, maintenance case law, maintenance disputes South Africa, maintenance law developments, maintenance obligations in divorce, maintenance variation case, Rule 43 South Africa, Rule 43(6) application, Rule 43(6) maintenance, Rule 43(6) precedents, South African divorce maintenance, South African Family Law, spousal maintenance disputes, variation of maintenance orders Legal Uncertainty in KLW v CSW (202035177) [2025] ZAGPJHC 41 (22 January 2025): A Reassessment of Rule 43(6) and Maintenance Variation in South African Law. Introduction The judgment in KLW v CSW (202035177) ZAGPJHC 41 raises important questions regarding the application of Rule 43(6) of the Uniform Rules of Court and the judicial approach to… READ MORE
20/01/2025 Bertus Preller Adversarial Legal System, Alternative Dispute Resolution, Anti-Dissipation Interdicts, anti-dissipatory relief, Asset Disclosure, Division of Estate, Divorce, Financial Disclosure, Hiding Assets, Maintenance, Procedural Law, Punitive Cost Orders, Rule 43, Rule 43 Cost Contributions, Rule 58 Alternative Dispute Resolution, asset dissipation, court enforcement, divorce proceedings, early disclosure, equitable outcomes, Family Law, financial asymmetry, financial disclosure, financial disclosure forms, financial fraud, financial information gap, financial transparency, Gauteng Practice Directive, Gender Equality, Maintenance Act, maintenance disputes, Marital Assets, marital estate, matrimonial property, Mediation, POPI compliance, privacy concerns, procedural reform, South Africa, South African Law Reform Commission, spousal maintenance, Trust assets, uberrimae fidei The Financial Information Gap in Family Law: Addressing Inequities and Reforming Disclosure Practices. The Financial Information Gap: Understanding the Core Problem in Family Law Matters The landscape of family law in South Africa faces a critical challenge rooted in the asymmetrical access to… READ MORE
07/12/2024 Bertus Preller Accomodation, Alimony, Arrear Maintenance Variation, Arrears, Children, Divorce, Interim Maintenance, Maintenance, Rule 43, Spousal Maintenance, Variation Rule 43(6) children's rights, constitutional protection, court order variation, custody rights, divorce proceedings, family accommodation, Family Law, financial protection, High Court Judgment, interim relief, judicial precedent, legal precedent, Lekhuleni J, maintenance arrears, maintenance default, matrimonial home, matrimonial property, Minor Children, parental obligations, property rights, Property Transfer, rental accommodation, Rule 43 variation, shelter protection, shelter rights, South African courts, spousal maintenance, unilateral property sale, upper guardian, Western Cape High Court Selling the Family Home? Court Protects Children’s Rights to Shelter in Ruling: MSH v JSH (Reasons) (618/2019) [2024] ZAWCHC 406 (29 November 2024). Background: The Sale of the Matrimonial Home and Rule 43 Variation In a recent Western Cape High Court decision, M.S.H v J.S.H (Reasons) (618/2019) ZAWCHC 406 (29 November 2024), the… READ MORE
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
29/08/2024 Bertus Preller Adversarial Legal System, Appeal, Children, Costs, Divorce, Procedural Law, Rule 43, Rule 58 appealability, civil procedure, divorce proceedings, Family Advocate, Family Law, High Court, interests of justice, interlocutory orders, irreparable harm, judicial economy, magistrates court, Rule 58, Rule 60A, South Africa Family Law Feud: High Court Strikes Down Appeal in M.K v M.K (A2023/123739) [2024] ZAGPJHC 829 – (28 August 2024) Background: A Divorce Case and an Irregular Step Application The case of M.K v M.K (A2023/123739) ZAGPJHC 829 (28 August 2024) revolves around a divorce proceeding and an application made… READ MORE