21/04/2023 Bertus Preller Alimony, Interim Maintenance, Maintenance, Marriage, Rule 43, Trusts Divorce, Divorce Attorney Cape Town, Divorce News, Family Law, interim maintenance, maintenance, new case law, Rule 43 Rule 43 Application – Husband’s wealth managed in a Trust taken into consideration. Wife succeeds in claiming R 200 000 per month. S, G N v L, J (Case No: 2023/004861) ZAGPJHC 336 (12 April 2023) The applicant approached the court in terms of Rule 43, seeking interim maintenance and a contribution… READ MORE
13/04/2023 Bertus Preller Divorce, Financial Disclosure, Marriage, Pension Funds Bertus Preller, Divorce, Divorce Attorney Cape Town, Divorce News, Family Law, pension fund, pension fund and divorce HUSBAND RESIGNED FROM PENSION FUND BEFORE DIVORCE – COURT FOUND APPLICANT CANNOT CLAIM AGAINST HIS PENSION. C.N.N v N.N (2021/11607) ZAGPJHC 208 (23 February 2023) INTRODUCTION There is no adequate legal framework that allows non-member spouses to claim portions of the benefits directly from the funds… READ MORE
09/04/2023 Bertus Preller Alimony, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43 Divorce, Divorce Attorney Cape Town, Family Law, interim maintenance, maintenance, maintenance laws, maintenance pendente lite, Rule 43 Wife looses claim for contribution to costs in Rule 43 application after gambling spree. S.K v J.L.K (3198/23) ZAWCHC 62 (24 March 2023) - THULARE J The requirement in Rule 43 for a just order places a duty not only on the courts but… READ MORE
08/04/2023 Bertus Preller Cohabitation, Common Law Marriage in South Africa, Common Law Wife, Divorce, Marriage cohabitation, common law marriage in South Africa, Divorce, Divorce Attorney Cape Town, life-partnership, marriage, marriage in South Africa, marriage stats Marriage in decline the latest statistics reveal a downward trend in South Africa. Introduction: Recent data released in February 2023 by Stats SA indicates a consistent decline in marriage rates in South Africa over the past decade. The Department of Home Affairs registered… READ MORE
08/04/2023 Bertus Preller Alimony, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43 contribution to costs, Divorce, Divorce Attorney Cape Town, Divorce News, maintenance, Rule 43 Rule 43 Application and a Contribution to Costs – Recent Case. Y.B v L.B (5413/2020) ZAGPPHC 185 (28 March 2023) The premise was that the disadvantaged litigant should be assisted to get to a position of equality of arms with her… READ MORE
22/03/2023 Bertus Preller Cohabitation, Common Law Marriage in South Africa, Common Law Wife, Interim Maintenance, Life Partnerships, Living Together, Maintenance, Rule 43 Bertus Preller, cohabitation, common law marriage in South Africa, Divorce Attorney Cape Town, Family Law, life-partnership, maintenance Life Partnerships and Maintenance – Dissenting Judgement E.W v V.H [2023] ZAWCHC 58 (17 March 2023) There is no doubt that the matter of E.W v V.H (12272/2022) ZAWCHC 58 (17 March 2023) will advance to the Constitutional Court for clarity on whether a duty of… READ MORE
21/03/2023 Bertus Preller Alimony, Forfeiture of Benefits, Interim Maintenance, Maintenance, Rule 43 Bertus Preller, Divorce, Divorce Attorney Cape Town, Divorce News, Family Law, interim maintenance, Rule 43 A Rule 43 application is not meant to provide an interim maintenance meal ticket to an Applicant. In the case of B.R v D.R (14189/2022) ZAWCHC 59, Kusevitsky J found that Rule 43 proceedings was not meant to provide a meal ticket for interim maintenance pending divorce.… READ MORE
19/03/2023 Bertus Preller Divorce, Divorce Statistics Divorce, Divorce Attorney Cape Town, Divorce Statistics, Family Law, Latest Divorce STATS Latest Divorce Statistics released in South Africa. Stats SA released the latest South African divorce statistics on 27 February 2023. These statistics deal with divorces granted in 2021. In 2021, there were 18,208 divorces granted, with an… READ MORE
17/03/2023 Bertus Preller Cohabitation, Common Law Marriage in South Africa, Common Law Wife, Life Partnerships, Living Together, Maintenance Life Partnerships – Maintenance – Missed Opportunity – EW v VH & Women’s Legal Trust Centre, case no. 12272/2022. In previous articles I wrote about an application in the Cape High Court, extending the common law regarding to maintenance to partners in a life partnership. A descending judgement was… READ MORE
29/01/2023 Bertus Preller Cohabitation, Common Law Marriage in South Africa, Common Law Wife, Life Partnerships cohabitation, common law marriage in South Africa, declining marriage rate, Divorce, Divorce Attorney Cape Town, Family Law, life-partnership, marriage, marriage in South Africa, marriage statistics, marriage stats The Declining Marriage Rate in South Africa. Marriages are increasingly becoming less common in South Africa. According to the Marriages and Divorce, 2020 report published by Statistics South Africa, the total number of people getting married has… READ MORE