29/06/2025 Bertus Preller Family Law Cases May - June 2025 actio communi dividundo, birth registration, Child Custody, Child Relocation, Children’s Court jurisdiction, Co-ownership, customary adoption, customary marriage, divorce rescission, DNA testing, estate administration, family law 2025, familylaws.co.za, financial disclosure, international contempt, June 2025 family law, maintenance enforcement, Matrimonial Property Act, May 2025 SA cases, parental alienation, Plascon‑Evans, preservation order, procedural fairness, property sale order, relocation, Rule 35 discovery, Rule 43, settlement agreement interpretation, shared parental responsibility, South African Family Law, widow maintenance Shaping the Landscape of Family Law: May–June 2025 South African Case Law Roundup. Shaping the Landscape of Family Law: May–June 2025 Roundup The months of May and June 2025 featured several high-impact judgments that will influence future family-law disputes—especially on jurisdiction, customary marriage, property rights… READ MORE
28/06/2025 Bertus Preller Actio communi dividundo, Appeal, Clean Break Principle, Cohabitation, Divorce, Settlement agreement finality, Settlement agreements actio communi dividundo, alternative access arrangements, clean break principle, contractual interpretation family law, contractual occupation rights, court order variation requirements, deed of settlement breach, domestic violence protection orders, Eastern Cape High Court, Endumeni interpretation principles, factual disputes motion proceedings, finality principle settlement agreements, joint property ownership disputes, matrimonial property arrangements, motion court proceedings, occupation rights conditions, Plascon-Evans principle, post-divorce litigation, post-divorce property disputes, property sale compelling orders, Regional Court appeal, romantic partner cohabitation clause, settlement agreement finality, settlement agreement interpretation Settlement Agreement Interpretation Triumph: J.G.C v G.A.C [2025] ZAECMKHC 44 (13 May 2025) – High Court Overturns Property Sale Order. The Factual Matrix: What Led to the Appeal This appeal arose from a bitter post-divorce property dispute between former spouses who had been married for thirty-five years in community of… READ MORE
28/06/2025 Bertus Preller Actio communi dividundo, Customary Law, Customary Marriages, Divorce, In Community of Property, Marriage, Urgency actio communi dividundo, balance convenience equity, co-ownership disputes, community of property marriage, compelling spouse sell property, creditor action property, customary marriage property rights, divorce proceedings pending, foreclosure prevention, irreparable harm property, Johannesburg High Court, joint estate protection, lis pendens matrimonial matters, matrimonial deadlock, Matrimonial Property Act, matrimonial property disputes, minor children interests, property law South Africa, property sale court order, recognition customary marriage act, section 16 matrimonial property act, self representation matrimonial disputes, sheriff authorisation documents, South African Family Law, spousal consent immovable property, trust arrangements divorce proceedings, unreasonable withholding consent, urgency property matters When One Spouse Won’t Sell: Court Compels Property Sale to Prevent Foreclosure in I.M.R v N.M.D (2024/014513) [2025] ZAGPJHC (5 May 2025). Background: A Customary Marriage in Crisis and Property Under Threat The case of I.M.R v N.M.D presents a stark illustration of how matrimonial breakdown can threaten jointly owned property, particularly… READ MORE
02/12/2024 Bertus Preller Actio communi dividundo, Division of Estate, Divorce, Islamic Law, Muslim Marriages, Procedure actio communi dividundo, bound co-ownership, constitutional equality, equal rights, free co-ownership, High Court Judgment, Islamic divorce, Islamic law, Islamic marriage, joint ownership, joint property, legal precedent, marital home, Marriage Dissolution, marriage property, property co-ownership, property dispute, Property Division, property division Islamic marriage, property rights, property sale, property settlement, Property Valuation, South African Law, South African property law, spousal contributions, spouse rights, Talaaq, Western Cape High Court Islamic Marriage Property Rights: High Court Champions Equal Division in K.A v A.E and Another (15857/24) [2024] ZAWCHC 392 (27 November 2024). Background: From Islamic Marriage to Property Dispute The Western Cape High Court recently grappled with a property division dispute stemming from a dissolved Islamic marriage in K.A v A.E and… READ MORE
17/09/2024 Bertus Preller Accrual Calculation, Actio communi dividundo, Divorce, Marital Regimes accrual system, actio communi dividundo, Antenuptial Contract, bound co-ownership, divorce proceedings, equitable distribution, Judicial Discretion, marital home, Marriage Dissolution, matrimonial property, Property Division, property rights, South African Law, spousal maintenance Bound by Marriage: The Complex Co-ownership Conundrum in P.N v A.E (20081/2023) [2024] ZAWCHC 266 – (16 September 2024). Background: Marriage, Property Acquisition, and Divorce Proceedings In the case of P.N v A.E (20081/2023) ZAWCHC 266 (16 September 2024), we encounter a dispute between married partners over the termination… READ MORE
31/07/2024 Bertus Preller Actio communi dividundo, Adversarial Legal System, Best Interests of the Child, Children, Costs, Divorce, Hostile Family Lawyers, Marital Regimes, Rule 43 actio communi dividundo, best interests of the child, children's interests, costs order, divorce proceedings, equity, family disputes, Family Law, Gauteng Division, High Court, joint ownership, legal precedent, litigation conduct, matrimonial home, Property Division, property rights, punitive costs, Robson v Theron, Rule 43, scale B costs, South African Law, transfer of property, valuation Dividing the Family Home and Awarding Costs: N M v M M and Another (2023/008561) [2024] ZAGPJHC 1818 Balances Property Rights, Children’s Interests, and Litigation Conduct. The Actio Communi Dividundo: Terminating Joint Ownership During Divorce Proceedings In the recent case of N M v M M and Another (2023/008561) ZAGPJHC 1818 (24 July 2024), the Gauteng… READ MORE