08/06/2024 Bertus Preller Customary Law, Customary Marriages, Divorce, Procedural Law Acting Judge Kunju, civil marriage, confirmatory affidavits, conflicting evidence, cross-examination, customary marriage, disclosure, emotional distress, factual disputes, honesty, invalidity, just and expeditious resolution, legal consequences, lobola negotiations, MEC for Health: Eastern Cape v Mbodla, null and void, oral evidence, prior marriage, proprietary rights, reliable evidence, Rule 6(5)(g), Traditional Leader, Uniform Rules of Court, Utsiki ceremony Unravelling the Complexities of Customary Marriage: An Analysis of S.B v B.B and Another (6014/2022) [2024] ZAECMHC 45 (4 June 2024) by Acting Judge Kunju. The Complexity of Proving the Existence of a Prior Customary Marriage In the case of S.B v B.B and Another (6014/2022) ZAECMHC 45 (4 June 2024), the court grappled with… READ MORE
08/06/2024 Bertus Preller Alimony, Divorce, Domicile, Jurisdiction, Maintenance, Muslim Marriages, Procedural Law, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance Acting Judge Wathen-Falken, Cheshire's Private International Law, conflicts of law, Covid-19, cross-border divorce, Divorce Act 70 of 1979, domicile, domicile of choice, flexible living arrangements, foreign divorce orders, Glen v Glen, interim relief, jurisdiction, legal professionals, lis pendens, Massey v Massey, matrimonial disputes, private international law, remote work, reportable judgment, residence, Rule 43 applications, S.W v S.W, South African divorce law, specialized legal advice Navigating the Complexities of Cross-Border Divorce: An Analysis of the Reportable Judgment in S.H-K v R.K (6170/2023) [2024] ZAWCHC 1 by Wathen-Falken AJ. The Complexities of Divorce Proceedings Across International Borders The case of S.H-K v R.K (6170/2023) ZAWCHC (06 May 2024) highlights the intricacies and challenges that arise when divorce proceedings span… READ MORE
06/06/2024 Bertus Preller Divorce, Forfeiture of Benefits, In Community of Property 2024 ZAECMHC 37, Botha v Botha, Case Law, community of property, court judgment, division of property, Divorce Act, divorce judgment, Divorce Law, Eastern Cape Division, Engelbrecht v Engelbrecht, Family Law, Forfeiture of benefits, High Court, joint estate, Legal Analysis, legal appeal, legal precedent, marital benefits, marital home, matrimonial dispute, matrimonial property, pension interest, regional court, Section 9, South Africa, undue benefit, V G v T M, Wijker v Wijker, Z v Z Forfeiture of Benefits in Divorce: Analysis of V G v T M [2024] ZAECMHC 37. Introduction and Background of the Case The case of V G v T M ZAECMHC 37 revolves around an appeal by the appellant, V G, against the judgment rendered by… READ MORE
02/06/2024 Bertus Preller Best Interests of the Child, Children, Curator Ad Litem, Divorce, Guardianship, Parental Rights, Relocation, Views of the Child AR v BMR, best interests of the child, best practices, care and contact disputes, challenges, Child Participation, child-centered approach, children's rights, children's act, civil matters, Constitution, Court Proceedings, curator ad litem, family justice system care and contact, Family Law, independence, Legal Ethics, Legal Representation, objectivity, South Africa The Crucial Role of Curators Ad Litem in Protecting Children’s Interests in South African Care and Contact Matters. Introduction The appointment of a curator ad litem in legal matters involving the care and well-being of children has become increasingly important in ensuring that the best interests of the… READ MORE
01/06/2024 Bertus Preller Best Interests of the Child, Children, Conduct of Childcare Experts, Guardianship, Parental Rights, Relocation, Views of the Child best interests of the child, child development, Child Relocation, child's views, Children’s Act 38 of 2005, clinical psychologist, co-parenting, competing interests, counselling psychologist, emotional well-being, expert evidence, Family Law, landmark decision, meaningful relationship, non-relocating parent, Parental Rights, parenting plan, reasonableness of relocation, relocating parent, relocation application, relocation assessment, relocation dispute, relocation factors, relocation hearing, relocation judgment, relocation order, section 28(2) Constitution, shared parenting, urgent relief V.L v F.N (4760/2024) [2024] ZAWCHC 146 (30 May 2024) – A Court Decision in Family Law on Child Relocation. Introduction In the recent case of V.L v F.N (4760/2024) ZAWCHC 146, delivered on 30 May 2024, the Western Cape High Court was faced with a complex and emotionally charged… READ MORE
28/05/2024 Bertus Preller Customary Law, Customary Marriages, Divorce The Importance of Compliance and Consent in Customary Marriages: B.S v P.M (A3096-2022) [2024] ZAGPJHC 508 (17 May 2024). Introduction In a recent judgment, the High Court of South Africa (Gauteng Division, Johannesburg) addressed the complexities surrounding the recognition and validity of customary marriages in the case of B.S.E.S.… READ MORE
24/05/2024 Bertus Preller Counselling, Divorce, Divorce Statistics, Infidelity, Marriage, Reasons for Dicorce active listening, Bertus Preller, communication breakdown, Divorce, divorce lawyer, emotional support, Everyone’s Guide to Divorce and Separation, Family Law, infidelity, infidelity types, James Sexton, Lex Fridman, love, love impermanence, marriage, matrimonial law, modern love, Navigating Relationships, podcast insights, rebuilding trust, relationship advice, Relationship Challenges, relationship resilience, romantic expectations, social media impact, soulmate myth, South Africa, The Diary of a CEO, The Unexpected Counsellor Navigating the Complexities of Love, Marriage, and Divorce: Insights from America’s Top Divorce Lawyer, James Sexton. Introduction As a divorce lawyer with more than 30 years of experience in South Africa, I found listening to James Sexton's discussions on The Diary of a CEO and Lex… READ MORE
23/05/2024 Bertus Preller Divorce, Maintenance, Marriage, Pacta sunt servanda, Prenuptial Afreement Antenuptial Contract, certainty, circumvention, Constitutional Court, D H B v C S B, dissenting opinion, Divorce, Divorce Act, donation, enforceability, fairness, freedom of contract, Judicial Discretion, jurisdiction, legal status, maintenance contract, majority judgment, matrimonial regime, Pacta Sunt Servanda, pleadings, prenuptial agreements, procedural fairness, Public Policy, Section 7, spousal maintenance, statutory right, unintended consequences Prenuptial Agreements and Public Policy: The Constitutional Court’s Ruling in D H B v C S B (CCT 293/22) [2024] ZACC 9 (22 May 2024). Background of the Case D H B and C S B concluded an antenuptial contract before their marriage in 2015, declaring their marriage to be out of community of property… READ MORE
23/05/2024 Bertus Preller Divorce, Muslim Marriages asset redistribution, Child Custody, child welfare, cultural diversity, Divorce, Divorce Act 1979, Divorce Amendment Act 2024, equality, fairness, Family Law, forfeiture of patrimonial benefits, Islamic tenets, justice, Legal Protection, legal recognition, Marital Assets, Muslim marriages, religious practices, South Africa Understanding the New Divorce Amendment Act No. 01 of 2024: Enhancing Legal Protection for Muslim Marriages The Divorce Amendment Act, 2024, marks a significant milestone in the recognition and protection of Muslim marriages in South Africa. By integrating specific provisions for Muslim marriages into the existing… READ MORE
21/05/2024 Bertus Preller Best Interests of the Child, Children, Parental Rights, Procedure, Relocation, Schooling, Urgency, Views of the Child best interests of the child, child contact, child welfare, children's act, court order, court procedure, Divorce, East Rock Trading, Family Advocate, Family Law, Grootboom case, High Court, Johannesburg, judicial oversight, Legal Framework, legal principles, Mediation, Parental Rights, Procedural Compliance, procedural rules, relocation disputes, settlement agreement, shared custody, Uniform Rule 6(12), urgency test, urgent child relocation, Western Cape, ZAWCHC E.L.B v A.V.M (7521/24) [2024] ZAWCHC 132: Implications for Urgent Child Relocation Applications. Background and Context of E.L.B v A.V.M (7521/24) ZAWCHC 132 The Western Cape Division of the High Court of South Africa was tasked with resolving a highly contentious and urgent… READ MORE