12/02/2024 Bertus Preller Alimony, Alternative Dispute Resolution, Child Maintenance, Children, Divorce, Interim Maintenance, Maintenance, Parental Rights, Relocation, Rule 43, Spousal Maintenance achieving fair maintenance orders, calculating maintenance, child support, children's welfare in divorce, court analysis, discretion in family court, Divorce Litigation Costs, divorce proceedings, family court judicial decisions, family law insights, financial assistance impact, financial disclosure, financial obligations in divorce, good faith in legal proceedings, interim maintenance, legal obligations of parents, legal precedents in maintenance, legal strategy in family law, maintenance application guidance, maintenance disputes resolution, maintenance order implications, MD v RJD case, navigating divorce challenges, parental financial responsibility, primary residency rulings, reasonable parental contact, Rule 43, Rule 43 applications, South African Family Law Rule 43 Unpacked: Navigating Interim Maintenance in MD v RJD (053357/2022) [2024] ZAGPPHC 79 (5 February 2024). Introduction In the case of MD v RJD (053357/2022) ZAGPPHC 79 (5 February 2024), the Gauteng Division of the High Court delved into the complexities of interim maintenance for children… READ MORE
06/01/2024 Bertus Preller Alimony, Arrears, Divorce, Interim Maintenance, Maintenance, Rule 43, Spousal Maintenance child support, court ruling, divorce settlements, Family Law, family responsibilities, Financial Obligations, High Court, judicial decisions, legal enforcement, legal implications, Legal precedents, maintenance compliance, maintenance orders, Marital Disputes, new case law, pension fund attachment, retirement annuity, South Africa, spousal support, unpaid maintenance Failure to Pay Maintenance Leads to Retirement Annuity Attachment: A South African High Court Ruling. MO v RO AND ANOTHER – Case Number: 15617/2022 – 5 January 2024. Case Overview In a recently concluded application in the High Court of South Africa (Western Cape Division, Cape Town), with case number 15617/2022, MO (the applicant) brought an urgent application… READ MORE
03/12/2023 Bertus Preller Alimony, Divorce, Interim Maintenance, Maintenance, Rule 43, Spousal Maintenance attorney divorce, child support, contribution to costs rule 43, divorce proceedings, divorce settlement, equal representation, Family Court, Family Law, financial dependency, financial disparity, Financial Obligations, forensic accountant, gendered maintenance system, interim maintenance, Judicial Discretion, Legal Costs, legal fees contribution, Legal Representation, maintenance claims., marital standard of living, matrimonial litigation, Ozzy Osbourne reference, Rule 43 proceedings, South African divorce, spousal maintenance, urgent applications Legal Drama Meets Rock ‘n’ Roll: PILLAY AJ’s Ruling against Attorney/Respondent in a Rule 43 application with an Ozzy Osbourne Twist – J K v E K (15912/2023) [2023] ZAWCHC 182 (29 November 2023) Background of the Case Marriage and Separation Details: The parties were married on 1 December 2012, with their marriage being out of community of property and incorporating the accrual system.… READ MORE
24/11/2023 Bertus Preller Alimony, Divorce, Interim Maintenance, Maintenance, Rule 43 Adams J order, Alimony adjustment, child support, Court judgment analysis, divorce proceedings, Family court rulings, financial disclosure, financial transparency, Income reassessment, Legal financial examination, Legal financial scrutiny, legal precedent, Maintenance litigation, Maintenance order change, Maintenance reassessment, Material change in circumstances, Nkutha-Nkontwana J, Rule 43 variation, South African Family Law, spousal maintenance Navigating Financial Disclosure: The Turning Tide in Maintenance Variation Cases – Rule 43(6) – B.W.H v S.A.H (22802/2021) [2023] ZAGPJHC 1348 (21 November 2023). Facts of the Case In this intricate legal matter, a husband (the applicant) sought a retrospective variation of a maintenance order previously issued by Adams J under Rule 43 of… 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