12/11/2024 Bertus Preller Antenuptial Contracts, Antenuptial Contracts, Costs, Divorce, Marital Regimes, Procedural Law, Procedure Antenuptial Contract, attorney misconduct, caveat subscriptor, civil procedure, court costs, divorce proceedings, elderly marriage, explanatory affidavits, factual disputes, legal documents, legal presumptions, legal signatures, legal trust, marriage law, matrimonial disputes, matrimonial property, motion application, motion proceedings, notary, oral evidence, personal relationships, Plascon-Evans rule, professional conduct, property regime, Rule 6(5)(g), signing documents, South African Law, wedding gift, wedding MC, Western Cape High Court From Wedding MC to Legal Emergency: How a Rushed Signature Led to a Marriage Property Crisis – B C B v L L B and Others (15788/2024) [2024] ZAWCHC 206 (11 November 2024). The Marriage and the Disputed Antenuptial Contract - A 90-Year-Old Groom and His 60-Year-Old Bride In a remarkable case that recently came before the Western Cape High Court, a marriage… 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
24/08/2024 Bertus Preller Accrual Calculation, Adversarial Legal System, Antenuptial Contracts, Commencement Values, Divorce, Trusts accrual system, Antenuptial Contract, asset dissipation, asset valuation, binding declarations, business entities, classic car valuation, commencement value, constitutional challenge, contractual interpretation, Divorce, expert evidence, expert testimony, financial disclosure, forensic accounting, High Court, High-net-worth divorce, legal precedent, matrimonial property, Matrimonial Property Act, Property Valuation, related-party transactions, South African Law, Trust assets Conclusive Commencement: Manelis v Manelis (32624/2015) [2022] ZAGPJHC 880 – Reshapes Antenuptial Contract Interpretation. Background: The High-Stakes Divorce Battle The Manelis case, heard in the Gauteng Local Division of the High Court of South Africa, revolves around a contentious divorce action where the parties… READ MORE
12/06/2024 Bertus Preller Antenuptial Contracts, Customary Law, Customary Marriages, Marital Regimes 25007/2022, accrual system, Antenuptial Contract, arbitrary deprivation, black women, civil marriage, community of property, constitutional scrutiny, customary marriage, financially weaker spouses, Gender Equality, JRM v VVC and Another, judicial oversight, legislative reform, Matrimonial Property Act, Matrimonial Property Regime, racial equality, Recognition of Customary Marriages Act, unfair discrimination Protecting the Vulnerable: JRM v VVC and Another (25007/2022) Exposes the Need for Judicial Oversight in Customary Marriage Property Regimes. The Conundrum: Validity of an 'Antenuptial Contract' Concluded Post-Customary Marriage In the recent case of JRM v VVC and Another (25007/2022), the Gauteng Division of the High Court, Pretoria, grappled… 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
22/03/2024 Bertus Preller Accrual Calculation, Antenuptial Contracts, Divorce accrual system, Antenuptial Contract, asset calculation, Asset Division, commencement assets, commencement value, contractual terms, court judgment, Divorce, divorce litigation, estate accrual, Estate Valuation, Family Law, Financial Disputes, Legal Analysis, legal interpretation, legal precedent, marital agreements, Marriage Dissolution, matrimonial property, property exclusion, South African Law, spousal rights, T.N v N.G Commencement Values in Divorce: Analysing T.N v N.G (formerly N) and Others (18159/2013) [2018] ZAWCHC 29; 2018 (4) SA 316 (WCC) (12 March 2018) and the Impact on Antenuptial Contract Interpretation in South Africa. Introduction and Facts In the case of T.N v N.G (formerly N) and Others, the Western Cape Division of the High Court in Cape Town presided over a divorce action… READ MORE
09/02/2024 Bertus Preller Costs, Division of Estate, Divorce, In Community of Property, International Divorce, International Divorce, Liquidator, Marital Regimes, Procedural Law Antenuptial Contract, Bertus Preller, cross-border marriage, divorce proceedings, expert evidence, F. Bezuidenhout AJ, financial disclosure, foreign marriage, full disclosure, immediate division, international private law, landmark case, legal precedent, legal principles, Lex Domicilii Matrimonii, matrimonial consequences, matrimonial disputes, matrimonial domicile, matrimonial law, matrimonial property, Matrimonial Property Act, MPA, new case, new judgement, procedural law, Rule 36(9), Rule 43 applications, South African Law, Substantive Law Deciphering L.E v L.A (1884/2018) [2024] ZAGPJHC 104 (9 February 2024): A Landmark Case on Foreign Marriages and South African Property Law. – 9 February 2024. Introduction to the Case In a landmark decision that navigates the intersection of matrimonial law and international private law, the High Court of South Africa, Gauteng Division, Johannesburg, was presented… READ MORE
23/11/2023 Bertus Preller Accrual Calculation, anti-dissipatory relief, Divorce, Marital Regimes, Settlement agreements Accrual Calculation, Antenuptial Contract, Asset Disclosure, Asset Division, Court Rulings, Divorce Law, divorce proceedings, divorce settlements, Estate Valuation, Financial Outcomes, Financial Settlements, legal implications, Legal Insights, Liability Consideration, Marital Assets., Marriage Dissolution, matrimonial property, Matrimonial Property Act, Property Valuation, South African Law Timing is Everything: The Crucial Role of Accrual Calculation Date in Divorce Cases. R.D.M v M.T.M (M608/22) [2023] ZANWHC 216 (21 November 2023). The facts of the case, as presented in the judgment, revolve around an application for the provisional sequestration of the respondent's estate, following the dissolution of a marriage under South… READ MORE