08/09/2025 Bertus Preller Abuse of Process, Alimony, Contempt of Court, Divorce, Magistrate's Court jurisdiction, Procedural Law, Rule 43 Contempt, Rule 43 orders, Spousal Maintenance attorney-client costs, Bannatyne decision, Burden of Proof, Civil Contempt, Constitutional Court, contempt of court, Fakie test, financial disclosure, forum shopping, inability to pay defence, magistrate's court jurisdiction, maintenance arrears, maintenance contempt, maintenance enforcement, mala fides, Pheko case, procedural abuse, Rule 43 proceedings, Rule 43(6) variation, Suspended Sentence, wilful non-compliance Forum Shopping and Maintenance Contempt: M.M v M.F (2023-024319) [2025] ZAGPJHC 857 (4 September 2025) – When Procedural Abuse Meets the Fakie Test. Factual Matrix: From Rule 43 Order to Contempt Proceedings The factual backdrop to this matter illustrates the unfortunate reality facing many maintenance beneficiaries in South Africa. The parties, former spouses… READ MORE
03/09/2025 Bertus Preller Litigation misconduct, Rule 47, matrimonial disputes, divorce proceedings, Security for costs, Vexatious Litigant, Vexatious Proceedings Act abuse of process, access to courts, appellate litigation, attorney threats, Constitutional Court, Constitutional Rights, corporate veil piercing, costs orders, court orders enforcement, divorce proceedings, domestic violence court, frivolous litigation, incola litigant, judicial restraint, legal harassment, Legal Practice Council, litigation misconduct, maintenance court jurisdiction, matrimonial disputes, persistent litigation, procedural defects, procedural fairness, Rule 47, section 34 Constitution, section 36 Constitution, security for costs, trust litigation, vexatious litigant, vexatious Proceedings Act When Persistence Becomes Vexatious: Ten Failed Applications and a Constitutional Reckoning in L.M.W v C.R.W (12866/2014) [2025] ZAWCHC 395 (1 September 2025). A Decade of Persistent Litigation: The Factual Matrix The factual landscape of this matter presents a striking example of how matrimonial disputes can spiral into prolonged abuse of court processes.… READ MORE
25/08/2025 Bertus Preller Children, High Court exclusive jurisdiction, Interdict, Leave to appeal Superior Courts Act, Lis alibi pendens family law, Procedural Law, Procedure, Relocation, Urgency, Urgent applications appellate review discretion, best interests child principle, child relocation South Africa, Children's Court powers, Children’s Act 38 of 2005, compelling reasons appeal, constitutional children's rights, cross-border child disputes, custody relocation assessment, expert assessment relocation, family law jurisdiction, final interdict requirements, High Court exclusive jurisdiction, international child removal, leave to appeal Superior Courts Act, lis alibi pendens family law, non-joinder expert witness, parental cooperation relocation, reasonable prospects success, section 17 Superior Courts Act, Section 28 Constitution, statutory interpretation children's legislation, upper guardian role, urgency child matters, Western Cape High Court High Court Jurisdiction Over Child Relocation Upheld: N.T.R-F v J.A.L (Leave to Appeal) (2025/076576) [2025] ZAWCHC 377 (18 August 2025) – Expert Assessment Requirements and Appellate Prospects. Factual Matrix: Relocation Assessment and Parental Cooperation in Cross-Border Child Relocation The factual foundation of this Western Cape High Court decision reveals the complex procedural and substantive challenges inherent in… READ MORE
22/08/2025 Bertus Preller Alienation, Alimony, Arrear Maintenance, Arrear Maintenance Variation, Best Interests of the Child, Child Maintenance, Children, Contempt of Court, Interim Maintenance, Maintenance, Maintenance order enforcement, Parental Alienation, Parental Rights, Rule 43, Rule 43 Contempt, Rule 43 orders, Spousal Maintenance beyond reasonable doubt standard, child maintenance default, Children's Act contempt, civil criminal contempt hybrid, Constitutional Court contempt, constitutional rights contempt, contact order violations, contempt defenses, contempt of court, contempt proceedings procedure, court order enforcement, custody order violations, Divorce Act enforcement, fair trial rights, genuine inability defense, L.L.K v P.K case analysis, maintenance order enforcement, parenting plan contempt, punitive costs contempt, purge contempt conditions, Rule 43 maintenance, South African Family Law, spousal maintenance contempt, suspended imprisonment contempt, weekend imprisonment, wilful contempt mala fide From Case to Comprehensive Analysis: L.L.K v P.K (D317/2019) [2025] ZAKZDHC 54 Sparks Deep Dive into Contempt of Court in South African Family Law – Constitutional Protections, Enforcement Mechanisms, and Evolving Jurisprudence. Introduction and Context Contempt of court in South African law refers to the wilful and mala fide (bad faith) refusal to comply with a court order. In the realm of… READ MORE
15/08/2025 Bertus Preller Accrual Calculator, Maintenance Calculator, Technology in Law accrual calculator, accrual sharing, accrual system, ai in law, Antenuptial Contract, assets liabilities, automated calculations, child expenses, child support, court reports, cpi inflation, divorce lawyers, divorce proceedings, divorce tools, estate growth, excluded assets, family law attorneys, free web apps, inflation adjustment, legal efficiency, legal professionals, maintenance calculator, Matrimonial Property Act, pdf exports, South African Family Law, south african maintenance law, spousal guidelines, spousal maintenance, technology legal practice Discover Two Free Tools Revolutionising South African Family Law: Maintenance and Accrual Calculators. In the complex world of family law, especially during divorce proceedings, accuracy and efficiency are paramount. For attorneys, divorce lawyers, and legal professionals in South Africa, handling calculations for child… READ MORE
15/08/2025 Bertus Preller Adultery, Divorce, Forfeiture of Benefits, Forfeiture patrimonial benefits, Matrimonial property forfeiture, Paternity Fraud, Substantial misconduct adultery divorce law, candidate attorney resources, divorce act section 9, divorce appeal court, divorce law practitioners, divorce proceedings South Africa, DNA paternity fraud, extramarital affairs legal consequences, family law South Africa, financial misconduct divorce, forfeiture application evidence, forfeiture patrimonial benefits, GEPF forfeiture, Government Employees Pension Fund, High Court Limpopo, joint estate division, law student materials, marital breakdown irretrievable, marriage community property, matrimonial assets protection, matrimonial misconduct, matrimonial property forfeiture, pension benefits forfeiture, pension interest forfeiture, perjury maintenance court, South African divorce law, substantial misconduct, substantial misconduct definition, undue benefit test Beyond Adultery: When Substantial Misconduct Justifies Total Forfeiture – M.C.M v M.S.M (Appeal) (HCA16/2024) [2025] ZALMPPHC 153 (11 August 2025). Factual Matrix: A Marriage Marred by Infidelity and Deception The parties entered into a marriage in community of property on 19 November 2015, with a significant age disparity - the… READ MORE
14/08/2025 Bertus Preller Divorce order enforcement, Divorce settlement defects, Litis contestatio, Procedure, Rescission applications, Rescission applications, Settlement agreement interpretation, Settlement agreement variation, Settlement agreements, Urgency, Urgent applications, Validity Divorce Settlement Agreement Alienation of Land Act, bond approval, breach letters, Case Law Analysis, Co-ownership, Consent Papers, conveyancing, divorce order enforcement, estate agents, Family Law, forum selection, High Court jurisdiction, judicial comity, litis contestatio, marital property disputes, matrimonial property, Powers of Attorney, property transfer disputes, Regional Court jurisdiction, rescission applications, Rule 6(12), sale agreements, sectional title, Self-Created Urgency, South African property law, urgent applications, urgent motion proceedings, void ab initio, Western Cape High Court Self-Created Urgency and Invalid Property Agreements: Key Lessons from SPR v NV (2025/119985) [2025] ZAWCHC 346 (13 August 2025). Factual Matrix: Divorce Order Enforcement and Property Transfer Disputes The matter concerned the enforcement of a Regional Court divorce order incorporating a consent paper, where former spouses held immovable property… READ MORE
13/08/2025 Bertus Preller Abduction, Best Interests of the Child, Children, Guardianship, Hague Convention on the Civil Aspects of International Child Abduction, Immigration, Relocation, Section 28 Constitution, Unilateral relocation, Views of the Child best interests, child welfare, children's rights, children's act, co-guardianship, conditional consent, consent affidavit, Constitutional Rights, cross-border enforcement, Family Law, guardianship, Hague Convention, international travel, just and equitable relief, Mirror Orders, overseas travel, parental acrimony, parental consent, Parental Responsibilities, passport applications, section 172, section 18, Section 28 Constitution, South African Law, travel disputes, travel documentation, unreasonable refusal, Western Cape High Court When Conditional Consent Becomes Unreasonable Refusal: Parental Rights and Overseas Travel in B.U v C.M and Others (2025/017920) [2025] ZAWCHC 342 (12 August 2025). Factual Background: A Tale of Parental Acrimony and Non-Cooperation The case of B.U v C.M and Others presents a deeply troubling portrait of how parental discord can prejudice a child's… READ MORE
12/08/2025 Bertus Preller Divorce, Divorce Act section 9, Forfeiture of Benefits, Forfeiture patrimonial benefits, Gambling addiction, Marital misconduct, Substantial misconduct, Undue benefit test business failure, casino gambling, Child Custody, community of property, divorce act section 9, divorce costs, divorce proceedings, Engelbrecht judgment, estate liquidation, Family Law, financial misconduct, forfeiture patrimonial benefits, gambling addiction, joint estate division, legal precedent, Marital Assets, marital misconduct, marriage breakdown, Matrimonial Property Regime, Parental Rights, property forfeiture, property investment, receiver and liquidator, rental income, spousal contributions, substantial misconduct, undue benefit test, Western Cape High Court, Wijker case Gambling Addiction vs Substantial Misconduct: When Forfeiture Claims Fail in Community of Property Divorces – P.N v D.N (10481/2018) [2025] ZAWCHC 335 (6 August 2025). Factual Matrix: A 20-Year Marriage Marred by Allegations of Compulsive Gambling The matter before Kholong AJ in the Western Cape Division concerned the dissolution of a marriage that had endured… READ MORE
12/08/2025 Bertus Preller Adult Children, Alimony, Arbitration, Arrear Maintenace, Arrear Maintenance, Arrear Maintenance Variation, Arrears, Best Interests of the Child, Child Maintenance, Child protection, Children, Division of Estate, DNA testing, Financial Disclosure, Interim Maintenance, Maintenance, Maintenance Calculator, Maintenance Court, Marriage, Procedural Law, Procedure, Rule 43, Rule 43 Contempt, Rule 43 Cost Contributions, Rule 43 orders, Rule 58, Spousal Maintenance best interests of the child, calculate child maintenance, calculate spousal maintenance, child maintenance South Africa, child support arrears, Children’s Act maintenance, Divorce Act South Africa, divorce maintenance law, divorce settlement South Africa, emoluments attachment order, garnishee order South Africa, interim maintenance South Africa, lifelong spousal maintenance, maintenance amendment act 2015, maintenance calculation formula, maintenance calculator South Africa, maintenance court procedure, maintenance court South Africa, maintenance enforcement South Africa, maintenance variation South Africa, major child maintenance South Africa, parental duty of support, post-divorce maintenance, rehabilitative maintenance, Rule 43 maintenance, Section 7(2) Divorce Act, South African Maintenance Act, spousal maintenance South Africa, token maintenance Child and Spousal Maintenance in South Africa: Complete Guide to Legal Duties, Court Processes, and Case Law (2025 Edition). Introduction Child and spousal maintenance are critical aspects of family law in South Africa, ensuring that dependents are cared for financially when families break up or circumstances change. Maintenance generally… READ MORE