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
05/10/2022 Bertus Preller Arrears adultery, Bertus Preller, cheating wife, Divorce, Divorce Attorney Cape Town, divorce case, Divorce News, forfeit assets, infidelity Cheating wife forfeits benefits in divorce. In a recent unreported CMM v AMSM, case number 13966/2020, in the Gauteng High Court, Makhoba J ruled that the wife forfeited her share of the communal estate due to… READ MORE
18/08/2022 Bertus Preller Cohabitation, Divorce Divorce, Divorce Statistics, Divorces per year, Latest Divorce STATS Divorce Trends in South Africa (2011 – 2020) In 2022, Stats SA released the 2020 divorce data. This was based on 16 097 finished divorce forms that Stats SA received and processed. The total (16 097) suggests a… READ MORE
11/08/2022 Bertus Preller Divorce, Financial Disclosure, Trusts Bertus Preller, Divorce Attorney Cape Town, Divorce Attorney South Africa, Family Law, Trusts and divorce Supreme Court of Appeal finds Trust Assets Not Part of Accrual – Divorce. MJ K v II K (360/2021) ZASCA 116 This appeal to the Supreme Court of Appeal (SCA) was about a divorce case where the parties were married out of community… 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
25/06/2022 Bertus Preller Divorce, Financial Disclosure, International Divorce, Trusts Bertus Preller, Divorce, Divorce Attorney Cape Town, Divorce Attorney South Africa, Family Law, New Case on Trusts and Divorce, Trusts and divorce Hiding Assets in a Trust during Divorce P A F v S C F (788/2020) ZASCA 101 (22 June 2022). In a wealthy Durban businessman's divorce case, it was found that he had tried to hide R5.5… READ MORE
23/06/2022 Bertus Preller Arrears Arrear Maintenance Attaching Pension Funds Section 15 (1) of the current Maintenance Act, deals with the duty of parents to support their children, and the liability of persons to support children who are unable to… READ MORE
12/02/2022 Bertus Preller Children, Maintenance Bertus Preller, child maintenance, child support, Divorce, Divorce Attorney Cape Town, divorce order, Family Law, magistrates court, maintenance, maintenance appeal, maintenance court, maintenance writ, prescription Man ordered to pay R3 million in maintenance 29 years after divorce In the case of Simon Roy Arcus v Jill Henree Arcus (4/2021) ZASCA 9 the Supreme Court of Appeal dealt with the interpretation of s 11(a)(ii) of the Prescription Act 68… READ MORE
30/01/2022 Bertus Preller International Divorce Bertus Preller, Divorce Attorney Cape Town, Divorce Attorney South Africa, Divorce News, UK Divorce, Wales Divorce New Law – No Fault Divorce England and Wales Lawyers in England and Wales are getting ready for an increase in divorce cases given new legislation allowing couples to end their marriage without having to pin the blame on… 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