10/01/2023 Bertus Preller Children, Divorce, Relocation Bertus Preller, Divorce, Divorce News, Family Law, new family law cases, relocation Court grants mother order to relocate to Cape Town. In the case of ADB v BAK (15944/22P) ZAKZPHC 1 (9 January 2023), the court granted an order in favour of the mother to relocate from Durban to Cape Town.… READ MORE
06/01/2023 Bertus Preller Children, Divorce, Maintenance, Relocation adversarial litigation, Bertus Preller, Divorce Attorney Cape Town, Divorce Attorney South Africa, Family Law, Family Law Attorney conduct, Family Lawyer, Family Lawyer conduct The Conduct of Family Lawyers In my previous post I did a case summary of the matter of DD v DHE an application which dealt with the relocation of a minor child from South Africa… READ MORE
02/12/2022 Bertus Preller Alimony, Arrears, Maintenance arbitration, arbitration clause, Bertus Preller, Divorce, Divorce Attorney Cape Town, Divorce News, divorce settlement agreement, maintenance, maintenance court Maintenance Court’s Jurisdiction Ousted by Arbitration Clause in a Divorce Settlement Agreement. In a recent unreported case, WJVJ vs EVJ and Capitec Bank, case number A58 of 2022 the High Court in Bloemfontein, in an appeal against a judgement of the Maintenance… READ MORE
05/10/2022 Bertus Preller Arrears adultery, Bertus Preller, cheating wife, Divorce, Divorce Attorney Cape Town, divorce case, Divorce News, forfeit assets, infidelity Cheating wife forfeits benefits in divorce. In a recent unreported CMM v AMSM, case number 13966/2020, in the Gauteng High Court, Makhoba J ruled that the wife forfeited her share of the communal estate due to… READ MORE
11/08/2022 Bertus Preller Divorce, Financial Disclosure, Trusts Bertus Preller, Divorce Attorney Cape Town, Divorce Attorney South Africa, Family Law, Trusts and divorce Supreme Court of Appeal finds Trust Assets Not Part of Accrual – Divorce. MJ K v II K (360/2021) ZASCA 116 This appeal to the Supreme Court of Appeal (SCA) was about a divorce case where the parties were married out of community… READ MORE
25/06/2022 Bertus Preller Divorce, Financial Disclosure, International Divorce, Trusts Bertus Preller, Divorce, Divorce Attorney Cape Town, Divorce Attorney South Africa, Family Law, New Case on Trusts and Divorce, Trusts and divorce Hiding Assets in a Trust during Divorce P A F v S C F (788/2020) ZASCA 101 (22 June 2022). In a wealthy Durban businessman's divorce case, it was found that he had tried to hide R5.5… READ MORE
12/02/2022 Bertus Preller Children, Maintenance Bertus Preller, child maintenance, child support, Divorce, Divorce Attorney Cape Town, divorce order, Family Law, magistrates court, maintenance, maintenance appeal, maintenance court, maintenance writ, prescription Man ordered to pay R3 million in maintenance 29 years after divorce In the case of Simon Roy Arcus v Jill Henree Arcus (4/2021) ZASCA 9 the Supreme Court of Appeal dealt with the interpretation of s 11(a)(ii) of the Prescription Act 68… READ MORE
30/01/2022 Bertus Preller International Divorce Bertus Preller, Divorce Attorney Cape Town, Divorce Attorney South Africa, Divorce News, UK Divorce, Wales Divorce New Law – No Fault Divorce England and Wales Lawyers in England and Wales are getting ready for an increase in divorce cases given new legislation allowing couples to end their marriage without having to pin the blame on… READ MORE
29/01/2022 Bertus Preller Alimony, Children, Divorce, Interim Maintenance, Maintenance, Rule 43 accrual system, Bertus Preller, children's education, children's stability, community of property, contribution to legal expenses, digital investigation, Divorce, Divorce Attorney Cape Town, divorce mediation, divorce proceedings, Divorce process, divorce settlements, Family Law, finances, financial affairs in divorce, financial disclosure, husband's financial information, insurance policy, interim maintenance, legal negotiations, Legal Representation, maintenance cover, marital estate, matrimonial home, mediation organizations, parenting plan, pension fund division, Primary Caregiver, Property Division, restraining order, retirement annuity, shared parenting, spousal support, women's financial rights Divorce – What every woman should know Making the choice to divorce is a difficult one, and the risk are it’s followed by an even more traumatic lead-up to the divorce, it is like a roller-coaster on… READ MORE