08/09/2025 Bertus Preller Abuse of Process, Alimony, Contempt of Court, Divorce, Magistrate's Court jurisdiction, Procedural Law, Rule 43 Contempt, Rule 43 orders, Spousal Maintenance attorney-client costs, Bannatyne decision, Burden of Proof, Civil Contempt, Constitutional Court, contempt of court, Fakie test, financial disclosure, forum shopping, inability to pay defence, magistrate's court jurisdiction, maintenance arrears, maintenance contempt, maintenance enforcement, mala fides, Pheko case, procedural abuse, Rule 43 proceedings, Rule 43(6) variation, Suspended Sentence, wilful non-compliance Forum Shopping and Maintenance Contempt: M.M v M.F (2023-024319) [2025] ZAGPJHC 857 (4 September 2025) – When Procedural Abuse Meets the Fakie Test. Factual Matrix: From Rule 43 Order to Contempt Proceedings The factual backdrop to this matter illustrates the unfortunate reality facing many maintenance beneficiaries in South Africa. The parties, former spouses… READ MORE
26/09/2024 Bertus Preller Abuse, Coercive Control, Cultural Abuse, Digital Abuse, Domestic Violence, Domestic Violence, Emotional Abuse, Financial Abuse, Harassment, Physical Abuse, Psychological Abuse Burden of Proof, credibility assessment, domestic violence, Domestic Violence Act, evidence evaluation, High Court Judgment, Judicial Review, legal precedent, legal safeguards, magistrates court, mental health, protection orders, relationship dynamics, South African Law Tipping the Scales: High Court Overturns Domestic Violence Order in K.J.G v J.T.G (A85/2024) [2024] ZAGPPHC 913. Background: A Troubled Marriage and the Domestic Violence Act The case of K.J.G v J.T.G (A85/2024) ZAGPPHC 913 (6 September 2024) offers a poignant glimpse into the complexities of domestic… READ MORE
19/08/2024 Bertus Preller Costs, Divorce, Domicile, International Divorce adverse inferences, affidavits, attachment orders, Burden of Proof, costs, credibility, domicile, ex parte orders, full disclosure, incola, international litigation, jurisdiction, Legal Fees, motion proceedings, peregrinus, Plascon-Evans rule, reconsideration applications, residence, South African Law, Uniform Rules of Court Domicile Dilemma: Unraveling Jurisdictional Complexities in J.M v N.C (2023/00100) [2024] ZAGPJHC 762 (16 August 2024). Background: The Legal Dispute Between J.M and N.C The case of J.M v N.C (2023/00100) ZAGPJHC 762 (16 August 2024) originated from a dispute over legal fees between J. Mahomed,… READ MORE
16/02/2024 Bertus Preller Divorce, Procedural Law, Subpoenas abuse of process, administration of justice, attorney-client privilege, Burden of Proof, Case Law, challenge subpoena, compliance, contempt of court, court rules, dispute resolution, divorce subpoena, document production, evidence gathering, fair trial, judicial interpretation, Legal Disputes, Legal Framework, Legal Practitioners, legal privilege, Legal proceedings, privacy laws, relevance test, rights protection, Rule of Law, setting aside subpoena, South African Law, subpoena ad testificandum, subpoena duces tecum, subpoenas, Uniform Rules of Court, witness testimony Setting Aside a Subpoena in Divorce Proceedings: A Legal Analysis. In the realm of divorce litigation, the issuance and subsequent challenge to a subpoena duces tecum is a critical aspect that can significantly influence the course of proceedings. The purpose… READ MORE
27/08/2023 Bertus Preller Alimony, Arrears, Divorce, Financial Disclosure, Maintenance, Marriage, Pension Funds, Spousal Maintenance, Trusts Annuities Tax Implications, Appeals Court, Asset Base, Bertus Preller, Burden of Proof, Case Law, Cost of Appeal, Divorce Attorney Cape Town, Divorce News, divorce settlement, Economic Uncertainty, Elderly Parties, Family Law, Financial Circumstances, Judgment Reversal, legal precedent, Legal Thresholds, maintenance, Maintenance Order, Pacta Sunt Servanda, South African Law, Trustee, Variation Application CHANGING FORTUNES, UNCHANGED OBLIGATIONS: HOW A COURT ON APPEAL WEIGHED FINANCIAL CIRCUMSTANCES IN VARIATION OF A MAINTENANCE ORDER L.J v P.H.A.J (HCA35/2022) ZALMPPHC 49 (18 July 2023) INTRODUCTION This case was an appeal to the High Court Limpopo Division against the rulings made by an Acting Magistrate, who… READ MORE