17/09/2024 Bertus Preller Division of Estate, Divorce, Financial Disclosure, In Community of Property, Marriage, Settlement agreements Asset Division, community of property, Divorce Act, divorce proceedings, elderly couples, fairness in divorce, full disclosure, High Court Judgment, judicial responsibility, judicial scrutiny, late-life divorce, legal precedent, long-term marriage, marital estate, settlement agreement, South African Law, uncontested divorce, voluntary agreement Judicial Vigilance in Late-Life Divorce: Unpacking E.T v S.T (2024/066890) [2024] ZAGPJHC 873 (16 September 2024). The Importance of Full Disclosure in Divorce Settlements The recent judgment in E.T v S.T (2024/066890) ZAGPJHC 873 (16 September 2024) highlights a crucial aspect of divorce proceedings in South… READ MORE
24/05/2024 Bertus Preller Counselling, Divorce, Divorce Statistics, Infidelity, Marriage, Reasons for Dicorce active listening, Bertus Preller, communication breakdown, Divorce, divorce lawyer, emotional support, Everyone’s Guide to Divorce and Separation, Family Law, infidelity, infidelity types, James Sexton, Lex Fridman, love, love impermanence, marriage, matrimonial law, modern love, Navigating Relationships, podcast insights, rebuilding trust, relationship advice, Relationship Challenges, relationship resilience, romantic expectations, social media impact, soulmate myth, South Africa, The Diary of a CEO, The Unexpected Counsellor Navigating the Complexities of Love, Marriage, and Divorce: Insights from America’s Top Divorce Lawyer, James Sexton. Introduction As a divorce lawyer with more than 30 years of experience in South Africa, I found listening to James Sexton's discussions on The Diary of a CEO and Lex… READ MORE
23/05/2024 Bertus Preller Divorce, Maintenance, Marriage, Pacta sunt servanda, Prenuptial Afreement Antenuptial Contract, certainty, circumvention, Constitutional Court, D H B v C S B, dissenting opinion, Divorce, Divorce Act, donation, enforceability, fairness, freedom of contract, Judicial Discretion, jurisdiction, legal status, maintenance contract, majority judgment, matrimonial regime, Pacta Sunt Servanda, pleadings, prenuptial agreements, procedural fairness, Public Policy, Section 7, spousal maintenance, statutory right, unintended consequences Prenuptial Agreements and Public Policy: The Constitutional Court’s Ruling in D H B v C S B (CCT 293/22) [2024] ZACC 9 (22 May 2024). Background of the Case D H B and C S B concluded an antenuptial contract before their marriage in 2015, declaring their marriage to be out of community of property… READ MORE
17/05/2024 Bertus Preller Abuse, Digital Abuse, Divorce, Interdict, Marriage, Privacy Rights answering affidavit, Bernstein and Others v Bester NO and others, closed-circuit television, community's sense of justice, Constitutional Rights, disclosure of private facts, dishonest litigant, expert witness, Financial Mail (Pty) Ltd v Sage Holdings Ltd, iCloud, interdict, iTunes, matrimonial home, O'Keeffe v Argus Printing and Publishing Co Ltd, privacy, punitive costs, S v I, Section 14, sexual encounter, South African Constitution, unlawful intrusion, Urgent Application, video footage, WhatsApp Ex-Husband Pays the Price for Secret Video Scandal. The Right to Privacy Triumphs: CEA v MB (D4460/2023) [2024] ZAKZDHC 26 (17 May 2024) THE FACTS OF THE CASE The case of CEA v MB, heard in the High Court of South Africa, KwaZulu-Natal Local Division, Durban, involved a woman (the applicant) who sought… 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
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
28/11/2023 Bertus Preller Abuse, Adultery, Alternative Dispute Resolution, Children, Cohabitation, Counselling, Divorce, Divorce Statistics, Infidelity, Marriage, Reasons for Dicorce Bertus Preller, Building Strong Relationships, Conflict Resolution, Couples Counseling, Divorce Lawyer Insights, Emotional Wisdom, Family Law, Intimacy Issues, Love and Commitment, Marital Advice, Marriage and Divorce, Matrimonial Guidance, Navigating Relationships, Personal Growth, Relationship Challenges, Relationship Communication, Relationship Guide, South African Author, The Unexpected Counsellor Navigating the Seas of Relationships: Unveiling ‘The Unexpected Counsellor’ by Bertus Preller. Introduction As a seasoned divorce lawyer and an ardent photographer, I have often found parallels between the precision required in capturing a perfect shot and navigating the intricate intricacies of… READ MORE
22/11/2023 Bertus Preller Alimony, Costs, Divorce, Financial Disclosure, Maintenance, Marriage, Rule 43, Spousal Maintenance 2023 legal cases, divorce proceedings, equitable settlements, family court decisions, Family Law, financial assessments in divorce, financial disclosure, interim maintenance, legal case study, legal obligations, legal transparency, maintenance applications, Marriage Dissolution, matrimonial law, P.P v V.P, Rule 43 Application, South African court ruling, spousal maintenance, spousal support Unmasking Financial Realities in P.P v V.P: A Ruling on Interim Maintenance and Rule 43 (027686/2022) [2023] ZAGPJHC 1345 (21 November 2023). Mia J Rule 43 Application Background of the Case In July 1985, the applicant and respondent were married in community of property. The applicant, who intermittently worked as a school… READ MORE
02/11/2023 Bertus Preller Alimony, Arrears, Costs, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Marriage, Rule 43, Spousal Maintenance Divorce Act, divorce proceedings, financial disclosure, financial inequity, inheritance, interim maintenance, legal precedent, maintenance obligations, marital contribution, marital standard of living, non-disclosure, ophthalmologist, Rule 43, Section 7(2), South African Family Law, spousal support, Uniform Rules of Court, Urgent Application, variation order Balancing the Scales of Interim Maintenance: A South African Case Study on Inheritance and Rule 43 Orders. L.M v R.D.M (EL789/2022) ZAECELLC 32 (31 October 2023) Case Summary: The applicant, an ophthalmologist, instituted an application seeking, amongst others, variation of an Order granted by Stretch J on… READ MORE
11/10/2023 Bertus Preller Alimony, Arrears, Divorce, Interim Maintenance, Maintenance, Marriage, Rule 43, Spousal Maintenance Attorney Conduct, Bertus Preller, contempt of court, Court Orders, Divorce News, divorce proceedings, Family Law, Financial Arrears, Judicial System, Legal Accountability, Legal Practitioners, maintenance obligations, non-compliance, Rule 43, Rule 43 Order, Suspended Sentence, Urgent Application When Lawyers Drop the Ball: The Tale of Divorce, Defiance, and a Suspended Sentence. S.F.S. v A.J.S (11676/2018) ZAGPJHC 1142 (11 October 2023) The Facts The Applicant, who was in the midst of a contentious divorce, urgently approached the court, accusing the Respondent of… READ MORE