08/08/2025 Bertus Preller Arrear Maintenance, Arrear Maintenance Variation, Arrears, Contempt of Court, Costs, Divorce, Interim Maintenance, International Divorce, Maintenance, Medical incapacity, Procedure, Punitive Cost Orders, Rule 43, Rule 43 Contempt, Rule 43 Cost Contributions, Rule 43 orders, Rule 58, Variation Rule 43(6) attachment of assets, contempt of court, cross-border maintenance, currency considerations, disability pension, divorce proceedings, enforcement mechanisms, foreign curatorship, international family law, Lekhuleni JD, maintenance arrears, maintenance enforcement, maintenance obligations, medical incapacity, party and party costs, Pendente Lite, Rule 43 orders, Rule 43(6) variation, skiing accident, spousal maintenance, stroke defence, Swiss curatorship, Swiss francs, Trust assets, warrants of execution, Western Cape High Court, wilful contempt When Strokes Don’t Stop Support: Medical Incapacity Fails as Maintenance Defence in NLD v ML (Case No 5785/22) [2025] ZAWCHC 337 (6 August 2025). Factual Matrix: When Medical Incapacity Meets Maintenance Obligations The parties in this matter, heard before Lekhuleni J, were married in Switzerland on 23 June 2000, with their marriage remaining subsisting… READ MORE
22/04/2024 Bertus Preller Arrears, Child Maintenance, Children, Divorce, Maintenance, Procedure arrears, attachment of assets, costs order, counsel's fees, discretion, divorce order, factual basis, Family Law, High Court, inherent jurisdiction, injustice, maintenance court, maintenance enforcement, movable property, new costs rules, oppressive conduct, post-divorce dispute, precedent, right of election, self-supporting children, settlement agreement, stay of execution, substantive engagement, taxation, trust funds, Writ of Execution High Court Upholds Writ of Execution for Unpaid Maintenance Despite Forum Challenge. – M.R v L.O and Others (2023/070007) [2024] ZAGPJHC 371, (16 April 2024). Facts of the Case M.R v L.O and Others revolves around a dispute between former spouses over allegedly unpaid child maintenance. When the parties divorced, their divorce order incorporated a… READ MORE