05/02/2024 Bertus Preller Alimony, Children, Costs, Divorce, Parental Rights, Rule 43 Cost Contributions, Spousal Maintenance bonding therapy, child best interests, child care, Child Custody, Children's Welfare, contact arrangements, contribution to costs, court order, court rulings Rule 43, divorce proceedings, Family Court, family dynamics, Family Law, family law analysis, family law disputes, financial responsibilities, forensic assessment, interim maintenance, judicial fairness, Legal Analysis, legal contributions, Legal Costs, Legal proceedings, legal strategies, maintenance contribution, Parental Responsibilities, Parental Rights, primary residence, South African Family Law, T E v V E, Von Ludwig AJ Navigating Family Dynamics: A Comprehensive Analysis of a Rule 43 Application. – T E v V E (2023/021747) [2024] ZAGPJHC 94 (2 February 2024). Introduction: The Complexity of Rule 43 Applications Rule 43 applications serve as a pivotal yet challenging facet of divorce proceedings, offering a singular affidavit to each litigant to encapsulate a… READ MORE
02/02/2024 Bertus Preller Children, Parental Rights, Relocation, Views of the Child child welfare, Children's Best Interests, Children's Welfare, children's act, Constitutional Rights, court decision, cross-border parenting, custody arrangements, emotional stability, family court decisions, family dynamics, Family Law, family relocation, international custody, international move, judicial considerations, Legal Analysis, Legal Framework, legal guidance, Legal precedents, Legal Strategy, minor children relocation, parental consent, Parental Responsibilities, Parental Rights, relocation cases, shared parenting, travel consent, visitation rights Navigating Family Dynamics: Granting Relocation Orders for Minor Children’s Best Interests. – H F v P F ; In Re: E F and Others (2022/028593) [2024] ZAGPJHC 88 (31 January 2024). Introduction to the Interim Removal Application for Minor Children On 21 June 2023, NDLOKOVANE AJ delivered a pivotal order addressing the contested interim removal of three minor children, aged 14,… READ MORE
31/01/2024 Bertus Preller Children, Divorce, Parental Rights, Schooling, Views of the Child acrimonious divorce, best interests of the child, Child Custody, child custody case, child-focused litigation, child's best interest, child's schooling, Children's Welfare, Children’s Act 38 of 2005, co-parenting, conciliation in family law, Court Proceedings, Divorce, educational stability, expert reports, Family Law, judicial decision, legal dispute, legal principles, motion proceedings, parental consent, Parental Rights, psychological well-being, Redhill School, School Enrollment, South African Constitution, South African High Court, St Stithians College, upper guardian Deciphering the Best Interests: A Legal Analysis of a Child’s Schooling in Divorce – U.R v S.B and Others (2024-001357) [2024] ZAGPJHC 55 (25 January 2024) Introduction: Urgent School Enrollment Dispute In this urgent legal matter brought before the court on 11 January 2024, the core issue revolved around the schooling of a minor child amidst… READ MORE
15/11/2023 Bertus Preller Alimony, Children, Costs, Divorce, Interim Maintenance, Maintenance, Parental Rights, Rule 43, Spousal Maintenance best interests principle, Child Custody, Children's Welfare, Court Orders, divorce litigation, divorce proceedings, equitable treatment, Family Law, financial disclosure, financial imbalances., financial transparency, interim relief, legal costs contribution, maintenance pendente lite, matrimonial property, new family law case, Parental Responsibilities, Rule 43 applications, South African Law, spousal support, temporary orders Avoiding Pitfalls: Key Lessons from a Rule 43 Divorce Showdown. SN v SR (2023/036122) [2023] ZAGPJHC 1335 (14 November 2023) Introduction and Background Marriage and Separation: The applicant and the respondent had been married since 25 August 2007, out of community of property with accrual. They had two minor children.… READ MORE
22/09/2023 Bertus Preller Abuse, Alimony, Children, Divorce, Financial Disclosure, Forfeiture of Benefits, Maintenance, Marriage, Parental Rights, Pension Funds, Settlement agreements, Spousal Maintenance Asset Division, Bertus Preller, Children's Welfare, court order, Divorce, Divorce Attorney Cape Town, Divorce News, Family Law, Legal Costs, maintenance, Marriage Dissolution, Parental Responsibilities, Pension Forfeiture, Property Valuation, Questionable Conduct, Settlement, South African Law, spousal support When Love Goes Sour and Assets Get Tangled: How One Husband’s Questionable Conduct, Refusal to Settle, and Legal Maneuvering Shaped a Divorce Ruling. N.S v M.F.S (20/27078) ZAGPJHC 1044 (19 September 2023) Litigation History The Defendant represented himself, while the Plaintiff had legal representation. The Defendant filed 12 applications against the Plaintiff, most… READ MORE