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
21/03/2023 Bertus Preller Alimony, Forfeiture of Benefits, Interim Maintenance, Maintenance, Rule 43 Bertus Preller, Divorce, Divorce Attorney Cape Town, Divorce News, Family Law, interim maintenance, Rule 43 A Rule 43 application is not meant to provide an interim maintenance meal ticket to an Applicant. In the case of B.R v D.R (14189/2022) ZAWCHC 59, Kusevitsky J found that Rule 43 proceedings was not meant to provide a meal ticket for interim maintenance pending divorce.… 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
21/12/2022 Bertus Preller Alimony, Cohabitation, Common Law Marriage in South Africa, Common Law Wife, Interim Maintenance, Life Partnerships, Living Together, Maintenance, Rule 43 cohabitation, Cohabitation contracts, common law marriage, common law marriage in South Africa, common law wife, Divorce Attorney Cape Town, ex lege duty of support between life-partners, Family Law, Family Law cases, Family Law News, life partnerships, life-partnership, maintenance and life partnerships THE COMMON LAW MARRIAGE IN SOUTH AFRICA NEW DEVELOPMENTS – PART TWO OF FOUR. In Part One, which can be read here, I dealt with developing the common law in regard to maintenance for partners in heterosexual permanent Life Partnerships / Cohabitation/ Common Law… READ MORE
16/12/2022 Bertus Preller Alimony, Cohabitation, Common Law Wife, Interim Maintenance, Maintenance, Rule 43 cohabitation, common law marriage, common law wife, Divorce Attorney Cape Town, Domestic Partnerships, ex lege duty of support between life-partners, maintenance, permanent opposite-sex life-partnership THE COMMON LAW MARRIAGE IN SOUTH AFRICA NEW DEVELOPMENTS. PART ONE OF FOUR INTRODUCTION In an earlier article I wrote about a landmark case, due to be heard by 3 Judges in the Cape High Court on 20 January… 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
24/07/2022 Bertus Preller Alimony, Arrears, Children, Divorce, Interim Maintenance, Maintenance, Rule 43 Child Support News, Divorce, Divorce Lawyer Cape Town, Family Law, Lanmark case, maintenance, maintenance aduld child, maintenance laws, Supreme Court of Appeal Supreme Court of Appeal Rule that you can claim maintenance for your children older than 18 years. On the breakdown of a marriage or similar relationship it is mostly mothers who become the custodial parent and have to care for the children. This puts an further financial… READ MORE
29/01/2022 Bertus Preller Alimony, Children, Divorce, Interim Maintenance, Maintenance, Rule 43 accrual system, Bertus Preller, children's education, children's stability, community of property, contribution to legal expenses, digital investigation, Divorce, Divorce Attorney Cape Town, divorce mediation, divorce proceedings, Divorce process, divorce settlements, Family Law, finances, financial affairs in divorce, financial disclosure, husband's financial information, insurance policy, interim maintenance, legal negotiations, Legal Representation, maintenance cover, marital estate, matrimonial home, mediation organizations, parenting plan, pension fund division, Primary Caregiver, Property Division, restraining order, retirement annuity, shared parenting, spousal support, women's financial rights Divorce – What every woman should know Making the choice to divorce is a difficult one, and the risk are it’s followed by an even more traumatic lead-up to the divorce, it is like a roller-coaster on… READ MORE