13/01/2023 Bertus Preller Common Law Marriage in South Africa, Common Law Wife, Interim Maintenance, Life Partnerships, Living Together, Maintenance, Rule 43 cohabitation, cohabitation agreement, common law marriage in South Africa, common law wife, Divorce, ex lege duty of support between life-partners, life partnerships, life-partnership, living together Landmark Application, Interim Maintenance in a Life Partnership. In earlier articles I made mention of an application that will be argued in the High Court Cape Town on 20 January 2023 before 3 Judges. The Women’s Legal Centre… READ MORE
12/01/2023 Bertus Preller Divorce, Forfeiture of Benefits Bertus Preller, Divorce, Divorce News, Family Law, forfeit assets, forfeiture of benefits marriage, how to plead forfeiture in divorce, in community of property, marriage, pleadings Forfeiture of Benefits Denied on Appeal In a recent appeal in the case of M v M (A3004/2022) ZAGPJHC 1024 the Appellant's appeal for a forfeiture of assets was dismissed with costs. There were two central… READ MORE
10/01/2023 Bertus Preller Children, Divorce, Relocation Bertus Preller, Divorce, Divorce News, Family Law, new family law cases, relocation Court grants mother order to relocate to Cape Town. In the case of ADB v BAK (15944/22P) ZAKZPHC 1 (9 January 2023), the court granted an order in favour of the mother to relocate from Durban to Cape Town.… 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
06/01/2023 Bertus Preller Children, Divorce, Maintenance, Relocation adversarial litigation, Bertus Preller, Divorce Attorney Cape Town, Divorce Attorney South Africa, Family Law, Family Law Attorney conduct, Family Lawyer, Family Lawyer conduct The Conduct of Family Lawyers In my previous post I did a case summary of the matter of DD v DHE an application which dealt with the relocation of a minor child from South Africa… READ MORE
02/01/2023 Bertus Preller Children, Divorce, Relocation child rights, costs, Divorce, Family Law, relocation, relocation law, Section 28 Constitution, voice of the child Court Grants Order in Favour of Father to Relocate with Daughter to Croatia In the unreported case of DD v DHE, under case number 14582/2022, the Gauteng High Court granted an order to the father to relocate with his 13 year old daughter… READ MORE
21/12/2022 Bertus Preller Alimony, Cohabitation, Common Law Marriage in South Africa, Common Law Wife, Interim Maintenance, Life Partnerships, Living Together, Maintenance, Rule 43 cohabitation, Cohabitation contracts, common law marriage, common law marriage in South Africa, common law wife, Divorce Attorney Cape Town, ex lege duty of support between life-partners, Family Law, Family Law cases, Family Law News, life partnerships, life-partnership, maintenance and life partnerships THE COMMON LAW MARRIAGE IN SOUTH AFRICA NEW DEVELOPMENTS – PART TWO OF FOUR. In Part One, which can be read here, I dealt with developing the common law in regard to maintenance for partners in heterosexual permanent Life Partnerships / Cohabitation/ Common Law… READ MORE
16/12/2022 Bertus Preller Alimony, Cohabitation, Common Law Wife, Interim Maintenance, Maintenance, Rule 43 cohabitation, common law marriage, common law wife, Divorce Attorney Cape Town, Domestic Partnerships, ex lege duty of support between life-partners, maintenance, permanent opposite-sex life-partnership THE COMMON LAW MARRIAGE IN SOUTH AFRICA NEW DEVELOPMENTS. PART ONE OF FOUR INTRODUCTION In an earlier article I wrote about a landmark case, due to be heard by 3 Judges in the Cape High Court on 20 January… READ MORE
02/12/2022 Bertus Preller Alimony, Arrears, Maintenance arbitration, arbitration clause, Bertus Preller, Divorce, Divorce Attorney Cape Town, Divorce News, divorce settlement agreement, maintenance, maintenance court Maintenance Court’s Jurisdiction Ousted by Arbitration Clause in a Divorce Settlement Agreement. In a recent unreported case, WJVJ vs EVJ and Capitec Bank, case number A58 of 2022 the High Court in Bloemfontein, in an appeal against a judgement of the Maintenance… READ MORE
10/11/2022 Bertus Preller Children care and contact, children's act, contempt of court, custody, father's rights, parental alienation, parenting plan, relocation, unmarried father Judge Gives Primary Care of Child To Father In the matter of V v L (1575/2021) ZAFSHC 284 (21 October 2022), the court granted primary residence of a three-year-old child to the father. The court also expressed, that… READ MORE