08/07/2023 Bertus Preller Children, Divorce, Marriage, Parental Rights, Relocation Bertus Preller, Best interests of the minor children, Children Act 38 of 2005, Contact rights, Divorce, Divorce Attorney Cape Town, Divorce News, Divorce process, High Court Johannesburg, Lack of urgency, MVN v MN case, Passport and visa application, Pending custody and access application, Regional Court Springs, Relocation to Ireland, Rule 58 application, Termination of parental responsibilities and rights, Urgent application dismissal From South Africa to Ireland: The Relocation Battle That Lacked Urgency. MVN v MN case number 060071/23, High Court in Johannesburg - 30 June 2023 On the 21st of June 2023, the Applicant (wife) brought an urgent application against the Respondent… READ MORE
02/07/2023 Bertus Preller anti-dissipatory relief, Divorce, Interdict Bertus Preller, close corporation, Divorce, Divorce Attorney Cape Town, Divorce Attorney South Africa, divorce proceedings, husband, interdict, legal victory, matrimonial property, matrimonial residence, property dispute, selling property, urgent relief, wife Securing the Marital Home: A Legal Victory Halting the Sale of a Matrimonial Property Amid Divorce Proceedings MS v MJ GAUTENG HIGH COURT JOHANNESBURG CASE NUMBER 2022/218731 - 13 June 2023 Introduction In this case the Applicant had sought urgent relief, aimed at prohibiting the First and… READ MORE
01/07/2023 Bertus Preller Children, Cohabitation, Life Partnerships, Living Together, Parental Rights, Same Sex Couples artificial fertilisation, Bertus Preller, best interests of the child, Children’s Act 38 of 2005, Children’s Court, Constitutional Court, constitutional defects, constitutional invalidity, discrimination, Divorce Attorney Cape Town, Divorce News, Family Law, family life, marital status, parental rights and responsibilities, Parliament, permanent life partners, remedy, right to dignity, sexual orientation Landmark Ruling: South Africa’s Constitutional Court Declares Section 40 of the Children’s Act Unconstitutional, Affirming Parental Rights for Same-Sex Couples. VJV AND ANOTHER v MINISTER OF SOCIAL DEVELOPMENT AND ANOTHER ZACC 21 - 29 JUNE 2023 The Constitutional Court ruled on an application for validation of a constitutional invalidity that… READ MORE
18/06/2023 Bertus Preller Alimony, Divorce, Forfeiture of Benefits, Pension Funds adultery, Bertus Preller, Divorce, Divorce Attorney Cape Town, Family Law, forfeiture of benefits marriage, infidelity, marriage in community of property, misconduct, unduly benefit marriage Love, Betrayal, and the Law: A Tale of Forfeiture and Financial Deprivation in Matrimonial Property. B.R.B.M v R.K.B.M (19279/2019) ZAGPPHC 403 (5 June 2023) On one hand, the Plaintiff (husband) sought an order of forfeiture of the patrimonial benefits against the Defendant (wife) on the… READ MORE
29/05/2023 Bertus Preller Divorce, Forfeiture of Benefits, Marriage, Pension Funds adultery, Bertus Preller, Divorce, Divorce Attorney South Africa, Divorce News, extra marital affair, Family Law, gross misconduct How a Wife Shielded Her Pension from a Cheating Husband’s Grasp in Landmark Divorce Case. Supreme Court of Appeal of South Africa - M v M (022/2022) ZASCA 75 (26 May 2023). This case pertained to a divorce proceeding and the subsequent appeal. The main… READ MORE
24/05/2023 Bertus Preller Alimony, Cohabitation, Divorce, Maintenance, Marriage, Spousal Maintenance Bertus Preller, Divorce, Divorce Attorney South Africa, Divorce News, dum casta clause, new divorce case, spousal maintenance, spousal maintenance case Unveiling the Dum Casta Clause: Ex-Wife’s Spousal Maintenance Rights Revoked Due to Cohabitation after Divorce. M.M.L v J.J.L (A66/2023) ZAFSHC 170 (18 May 2023) This appeal had its origins in an application that was pursued in the Maintenance Court for the district of Bethlehem ("the… READ MORE
13/04/2023 Bertus Preller Divorce, Financial Disclosure, Marriage, Pension Funds Bertus Preller, Divorce, Divorce Attorney Cape Town, Divorce News, Family Law, pension fund, pension fund and divorce HUSBAND RESIGNED FROM PENSION FUND BEFORE DIVORCE – COURT FOUND APPLICANT CANNOT CLAIM AGAINST HIS PENSION. C.N.N v N.N (2021/11607) ZAGPJHC 208 (23 February 2023) INTRODUCTION There is no adequate legal framework that allows non-member spouses to claim portions of the benefits directly from the funds… READ MORE
22/03/2023 Bertus Preller Cohabitation, Common Law Marriage in South Africa, Common Law Wife, Interim Maintenance, Life Partnerships, Living Together, Maintenance, Rule 43 Bertus Preller, cohabitation, common law marriage in South Africa, Divorce Attorney Cape Town, Family Law, life-partnership, maintenance Life Partnerships and Maintenance – Dissenting Judgement E.W v V.H [2023] ZAWCHC 58 (17 March 2023) There is no doubt that the matter of E.W v V.H (12272/2022) ZAWCHC 58 (17 March 2023) will advance to the Constitutional Court for clarity on whether a duty of… READ MORE
21/03/2023 Bertus Preller Alimony, Forfeiture of Benefits, Interim Maintenance, Maintenance, Rule 43 Bertus Preller, Divorce, Divorce Attorney Cape Town, Divorce News, Family Law, interim maintenance, Rule 43 A Rule 43 application is not meant to provide an interim maintenance meal ticket to an Applicant. In the case of B.R v D.R (14189/2022) ZAWCHC 59, Kusevitsky J found that Rule 43 proceedings was not meant to provide a meal ticket for interim maintenance pending divorce.… READ MORE
12/01/2023 Bertus Preller Divorce, Forfeiture of Benefits Bertus Preller, Divorce, Divorce News, Family Law, forfeit assets, forfeiture of benefits marriage, how to plead forfeiture in divorce, in community of property, marriage, pleadings Forfeiture of Benefits Denied on Appeal In a recent appeal in the case of M v M (A3004/2022) ZAGPJHC 1024 the Appellant's appeal for a forfeiture of assets was dismissed with costs. There were two central… READ MORE