10/10/2026 Bertus Preller Constitutional Court divorce pension, Divorce, Equitable redistribution, Marriage out of community of property without accrual, Pension Funds, Pension Funds Act 24 of 1956, Pension interest, Pension interest divorce, Redistribution Claim, Redistribution of assets divorce, Redistribution order, Section 7(3) Divorce Act, Section 7(7)(c) Divorce Act [2026] ZACC 39, accrual system exclusion, antenuptial contract pension, B 20 of 2025, Bertus Preller, Constitutional Court divorce pension, Dambuza J, declaration of invalidity not suspended, Divorce Attorney Cape Town, EB v ER, GD v Minister of Home Affairs, gender discrimination divorce, General (Family) Laws Amendment Bill, just and equitable redistribution, KG v Minister of Home Affairs, marriage out of community of property without accrual, Matrimonial Property Act 1984, Pension Funds Act divorce, pension interest divorce, pension redistribution order, post-1984 marriages, prospective order divorce, redistribution of assets divorce, section 7(3) Divorce Act, section 7(7)(c) Divorce Act, section 7(8) Divorce Act, section 9(1) Constitution, section 9(3) unfair discrimination, South African Family Law Pension Interest Now Redistributable in All Marriages Without Accrual: The Constitutional Court Strikes Down Section 7(7)(c) of the Divorce Act in GD v Minister of Home Affairs and Others (CCT 60/25) [2026] ZACC 39 (9 October 2026). The facts and the road to the Constitutional Court The applicant, Mrs D, and the third respondent, Mr D, met in 1999 and married on 25 April 2004 out of… READ MORE
16/01/2026 Bertus Preller Adultery, Children, Divorce, Divorce Act section 9, Forfeiture of Benefits, Forfeiture patrimonial benefits, In Community of Property, Matrimonial property forfeiture, Pension Funds, Pension Funds Act 24 of 1956, Pension interest, Substantial misconduct, Substantial misconduct, Undue benefit test adultery extra-marital relationship, balancing contributions misconduct, Botha v Botha forfeiture, BS v PS isolated misconduct, credibility assessment divorce proceedings, cumulative misconduct assessment, discretion costs divorce matters, divorce irretrievable breakdown, domestic contributions recognition, duration of marriage neutral factor, family law Gauteng Division, forfeiture patrimonial benefits, homemaker contributions divorce, humiliation spouse dignity, marriage in community of property, Mashola v Mashola holistic approach, Municipal Gratuity Fund, non-financial contributions marriage, partial forfeiture pension only, pension interest forfeiture, procreation with third party, public humiliation Facebook, sale joint estate property, section 9 Divorce Act, social media pregnancy announcement, substantial misconduct divorce, two-step forfeiture test, undue benefit divorce, value judgment forfeiture orders Forfeiture of Pension Benefits for Adultery, Procreation and Public Humiliation via Social Media: E.M v S.M (096891/2024) [2026] ZAGPPHC 8 (12 January 2026). Factual Background: Extra-Marital Relationship and the Birth of a Third Child The parties in this matter were married in community of property on 10 January 2011. Their marriage, which lasted… READ MORE
26/10/2025 Bertus Preller Accrual claims, Divorce, Divorce Act 70 of 1979, Matrimonial Property Act 88 of 1984, Member spouse, Non-member spouse, Pension Funds Act 24 of 1956, Pension interest, Procedural Law, Procedure, Referee report, Retirement fund divorce, Section 37D, Settlement agreements, Tax liability pension interest accrual claims, accrual system, C.N.N v N.N, Divorce Act 70 of 1979, divorce settlement agreement, divorce trial court, legislative lacuna pension law, matrimonial property, Matrimonial Property Act 88 of 1984, member spouse, motion court jurisdiction, Ndaba v Ndaba, non-member spouse, Pension Funds Act 24 of 1956, pension funds legislation, pension interest, pension sharing divorce, referee report, retirement benefits divorce, retirement fund divorce, Reynolds v Reynolds, section 3 Matrimonial Property Act, section 37D, section 7(8), South African Family Law, T.M.W v J.J.W, tax liability pension interest, withdrawal benefits tax, ZAGPPHC 1093 2025 When Retirement Funds Cannot Settle Accrual Claims: D E C B v J M B (37464-2020) [2025] ZAGPPHC 1093 (21 October 2025) and the Jurisdictional Dilemma in South African Divorce Law. Factual Matrix: When a Referee's Report Reveals More Questions Than Answers The parties in this matter were married out of community of property with the application of the accrual system… READ MORE