10/02/2024 Bertus Preller Divorce, Procedural Law, Procedure, Universal Partnership amendment, amendment application, Asset Division, Court Directives, De Klerk v Du Plessis, defence preparation, divorce proceedings, excipiable issues, judicial decision, Judicial Service Commission v Cape Bar Council, legal amendments, Legal Analysis, legal objections, legal practice, Legal precedents, legal ruling, Legal Strategy, litigation, Manyatshe v South African Post Office, non-joinder, particulars of claim, PITMAN AJ, procedural fairness, profit motive, Smith v Conelect, South African Law, special plea, universal partnership Procedural Law – Amending a Particulars of Claim – M-B.F.M v H.P.N.P (5182/2022P) [2024] ZAKZPHC 8 (8 February 2024). Introduction to the Amendment Dispute In a noteworthy case, PITMAN AJ presided over a case that brought to the fore a contentious issue regarding the amendment of the particulars of… READ MORE
18/01/2024 Bertus Preller Cohabitation, Common Law Marriage in South Africa, Common Law Wife, Life Partnerships, Living Together, Universal Partnership Asset Division, cohabitation, Cohabiting Couples, Contemporary Society, Evolving Norms, Family Law, Historical Origins, Landmark Cases, legal challenges, Legal Framework, Legal Protections, legal recognition, Marriage Alternatives, Modern Relationships, non-marital relationships, Partnership Criteria, Partnership Dissolution, relationship dynamics, Relationship Rights, Roman Law, Roman-Dutch Law, South African Law, Support Obligations, Universal Partnerships UNLOCKING THE LEGAL MYSTERIES OF UNIVERSAL PARTNERSHIPS: NAVIGATING SOUTH AFRICA’S MODERN RELATIONSHIP LANDSCAPE. OVERVIEW OF LEGAL RECOGNITION OF UNIVERSAL PARTNERSHIPS Definition and Essence Universal partnerships, in legal terms, refer to a form of partnership where individuals share their lives and resources in a… READ MORE
18/12/2023 Bertus Preller Life Partnerships, Living Together, Universal Partnership Asset Division, Business Partnerships, Cohabitation Agreements, cohabitation rights, Common-Law Relationships, Contractual Relationships, Joint Ventures, legal obligations, Legal Protection, Legal Rights, Non-Marital Partnerships, Partnership Dissolution, Personal Rights, Prescription Law, Prescription Period, Property Division, South African Law, Universal Partnerships, unmarried couples Dividing the Fruits of A Universal Partnership – The Prescription Dilemma in Khan v Shaik (641/2019) [2020] ZASCA 108. Introduction In the Supreme Court of Appeal case of Khan v Shaik (641/2019) ZASCA 108, the South African courts grappled with a nuanced and complex question: Can a claim for… READ MORE
18/12/2023 Bertus Preller Life Partnerships, Universal Partnership cohabitation rights, estate disputes, estate management, estate rights, Family Law, inheritance law, joint asset ownership, landmark judgment, legal case analysis, legal precedent, legal recognition, LL v CH N.O., non-marital relationships, partnership outside marriage, property sharing, relationship law, South Africa High Court, South African Law, universal partnership Unveiling the Invisible Ties: How a Landmark Case Redefined Universal Partnerships in South Africa. – L.L v C.H NO and Others (A018010/2023) [2023] ZAGPJHC 1440 (12 December 2023). Introduction In the case involving LL (Appellant) and CH N.O. (First Respondent) among others, the central issue revolved around the existence of a universal partnership between LL and the late… READ MORE
09/01/2023 Bertus Preller Common Law Marriage in South Africa, Common Law Wife, Life Partnerships, Living Together, Universal Partnership Civil Partnership, cohabitation, cohabitation agreement, common law marriage in South Africa, Divorce, Divorce Attorney Cape Town, Family Law cases, Family Law News, family law news South Africa, universal partnership Judge finds a Universal Partnership in a Cohabitation Relationship Introduction In the recent case of LM v RK ZAWCHC 1; 1 All SA 738, Nziweni AJ found that a universal partnership existed in a cohabitation relationship. Living together does… READ MORE
29/01/2022 Bertus Preller Cohabitation, Universal Partnership cohabitation, cohabitation agreement, Family Law, living together, unmarried couples Be careful, living together may cost you half of your assets when you breakup. Some case law in South Africa has far reaching consequences for unmarried couples who live together. In one case the court concluded that an unmarried woman who devoted all her time, effort… READ MORE