29/06/2025 Bertus Preller Cohabitation, Customary Marriages, Inheritance rights, Interdict, Intestate Succession, Procedure, South African succession law Administration of Estates Act, African customary law, attorney and client scale, cohabitation, customary law marriage, customary marriage, estate administration, estate dispute, estate litigation, estate preservation, executor appointment, High Court Pretoria, inheritance dispute, interim interdict, intestate succession, joint estate, Legal Costs, legal remedy, lobola, matrimonial property, patrimonial rights, Peteke v Khumalo, recognition of marriage, Rule 6(12), section 13, South African Family Law, testamentary rights, Urgent Application, urgent interdict, ZAGPPHC 447 Customary Marriage Dispute Halts Estate Administration: Peteke v Khumalo and Others (2025-009348) [2025] ZAGPPHC 447 (6 May 2025). The Factual Matrix: Disputed Customary Marriage and Control Over the Deceased’s Estate In Peteke v Khumalo and Others (2025-009348) ZAGPPHC 447 (6 May 2025), the applicant approached the High Court… READ MORE
24/06/2025 Bertus Preller Abduction, Best Interests of the Child, Children, Contempt of Court, Costs, Habitual Residence, Hague Convention on the Civil Aspects of International Child Abduction, Holiday Travel, Immigration, International Divorce, International Family Law, International Travel, Joint Decision Making, Parental Alienation, Parental Rights, Punitive Cost Orders, Relocation attorney and client scale, best interests of children, care and contact assessment, child abduction, child custody orders, contempt of court, contempt proceedings urgency, cross-border custody disputes, cross-border litigation, divorce proceedings, Easter holiday dispute, emergency passports, family court jurisdiction, Hague Convention, hearsay evidence, international child retention, international enforcement, judicial authority vindication, Jurisdictional Challenges, mala fides presumption, postponement applications, punitive costs, sine die postponement, South African Family Law, suspended imprisonment, Swiss courts, travel documentation, Western Cape High Court, wilful non-compliance When Easter Holidays Turn Into International Child Retention: T.A.M-W v C.M.M (2025/030666) [2025] ZAWCHC 217 (23 May 2025) and the Limits of Cross-Border Contempt Orders. Key Takeaways This landmark judgment demonstrates that South African courts will not hesitate to use their full arsenal of sanctions when parties deliberately flout agreed court orders, particularly where children's… READ MORE
10/11/2023 Bertus Preller Alimony, anti-dissipatory relief, Divorce, Financial Disclosure, Maintenance, Rule 43 asset dissipation, attorney and client scale, Constitutional Rights, court discretion, divorce litigation, equitable access, financial analysis, financial disclosure, financial hardship, gender disparities, legal costs contribution, maintenance payments, matrimonial cases, matrimonial property, prolixity in legal documents, Rule 43, South African Law, Uniform Rules of Court, urgent applications Rule 43 in Action: Deciphering Court Orders on Contribution to Costs and Attorney-Client Scale Cost Orders in Divorce Cases. L.S.P. v R.S.P (2014/2941) ZAGPJHC 1281 (9 November 2023) Summary of the Case Introduction and Background Rule 43 Application: The plaintiff (Applicant) had filed a Rule 43 application in an… READ MORE