16/03/2026 Bertus Preller Alimony, Appeal, Arrear Maintenace, Arrear Maintenance, Arrear maintenance claims, Best Interests of the Child, Child Maintenance, Children, Divorce, Duty to maintain, Interim Maintenance, Interlocutory applications, Irregular proceedings, Leave to appeal Superior Courts Act, Maintenance, Maintenance Court, Parental Rights, Pendente Lite, Procedural Law, Punitive costs orders, Rule 43, Rule 43 Appeal, Rule 43 Applications, Rule 43 orders, Rule 58, Spousal Maintenance, Stepparents, Variation Rule 43(6) accrual system, appealability, blended families, common law development, Divorce, divorce proceedings, duty of support, Family Law, Govindjee AJA, interests of justice, interim maintenance, interim relief, jurisdictional threshold, maintenance pendente lite, non-appealability, out of community of property, piecemeal appeals, Rule 43, Rule 43(6), SCA, section 16(3), section 173 Constitution, South African divorce law, statutory bar, stepchildren, stepparent maintenance, Superior Courts Act, Supreme Court of Appeal, Western Cape High Court Blended Families, Bitter Disputes and a Blocked Appeal: The SCA Draws the Line on Rule 43 Appealability in B.E v N.T and Others (505/2025) [2026] ZASCA 25 (11 March 2026). The Facts: A Blended Family, a Breakdown, and a Battle Over Stepchildren's Maintenance BE and NT married on 27 April 2018, out of community of property subject to the accrual… READ MORE
23/01/2025 Bertus Preller Best Interests of the Child, Children, Parental Rights, Same Sex Couples best interests of child, blended families, child welfare, children's rights, children's act, Civil Union Act, Constitutional Rights, contact arrangements, Contact rights, court appointed experts, custody arrangements, drug assessment, educational evidence, expert evidence, Family Advocate, Family Court, Family Law, family relationships, joint custody, joint expert minute, Judicial Discretion, legal precedent, Parental Rights, psychiatric evaluation, Same-Sex Marriage, South African Law, surrogacy, teacher testimony, upper guardian, Western Cape High Court Best Interests of Children Triumph Over Expert Recommendations: D.R v N.M and Another (3358/24) [2025] ZAWCHC 12 (23 January 2025). Introduction: A Modern Family's Legal Journey in the Western Cape High Court In a landmark judgment delivered electronically on 23 January 2025, the Western Cape High Court grappled with complex… READ MORE
12/09/2024 Bertus Preller Adversarial Legal System, Alimony, Best Interests of the Child, Child Maintenance, Children, Costs, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance, Stepparents blended families, child support, children's rights, financial disclosure, forensic investigation, High-net-worth divorce, in loco parentis, interim maintenance, Legal Costs, Rule 43 Application, South African Family Law, standard of living, stepparent maintenance, Western Cape High Court Stepparent Obligations Redefined: N.M v B.M and Others (11384/2024) [2024] ZAWCHC 254 (11 September 2024) – Shakes Up Family Law. The Blended Family Dilemma: Stepparent Maintenance in South African Law The recent judgment in N.M v B.M and Others (11384/2024) ZAWCHC 254 (11 September 2024) has brought the complex issue… READ MORE