25/06/2026 Bertus Preller Alimony, Arrear Maintenance, Arrear maintenance claims, Child Maintenance, Children, Civil contempt South Africa, Contempt of Court, Contempt of court maintenance, Divorce, Financial non-disclosure, Maintenance, Maintenance Court, Maintenance Court, Maintenance order enforcement, Non-disclosure consequences, Plascon Evans Rule, Post-divorce maintenance, Post-divorce maintenance enforcement, Spousal Maintenance, Uberrimae fidei matrimonial proceedings Arrear Maintenance, Attorney and Client Costs, beyond reasonable doubt, child maintenance, Civil Contempt, contempt of court, Contempt Proceedings, Davis AJ, Dezius v Dezius, Divorce Act, dolus eventualis, Eke v Parsons, evidential burden, Fakie v CCII Systems, family law South Africa, financial disclosure, full and frank disclosure, inability to pay defence, luxuries non-essentials, maintenance court variation, maintenance debtor, Maintenance Order, parental maintenance obligations, Pheko v Ekurhuleni, Plascon-Evans rule, poverty defence, settlement agreement order of court, Western Cape High Court, wilful and mala fide When “I Can’t Pay” Becomes Contempt: Luxuries, Maintenance Arrears and the Duty of Full Disclosure in D.W v J.L.K (12604/2015) [2026] ZAWCHC 322 (17 June 2026). D.W v J.L.K (12604/2015) ZAWCHC 322 (17 June 2026) The facts: a maintenance debtor who paid for luxuries before his children The applicant and respondent divorced in 2015. In terms… READ MORE
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
18/04/2025 Bertus Preller Arrears, Contempt of Court, Costs, Maintenance, Procedural Law, Variation application proceedings, best interests of children, changed financial circumstances, child support, Civil Contempt, constitutional right of access to courts, contempt of court, Court Order Compliance, enforcement mechanisms, eviction risk, family home, Judicial Discretion, leave to appeal, maintenance arrears, maintenance beneficiaries, maintenance enforcement, maintenance obligations, Maintenance Order, mala fides, Parker AJ, periodic imprisonment, Plascon Evans test, purging contempt, South African Family Law, Superior Courts Act, Suspended Sentence, Variation Application, Western Cape High Court, willful non-compliance Contempt Before Variation: E.W v V.T.H (Leave to Appeal) (7333/2024) [2025] ZAWCHC 162 (11 April 2025). Background to the E.W v V.T.H Contempt Application The case of E.W v V.T.H (Leave to Appeal) (7333/2024) ZAWCHC 162 (11 April 2025) highlights the ongoing tension between maintenance obligations… READ MORE
24/01/2024 Bertus Preller Adversarial Legal System, Arrears, Children, Contempt of Court, Divorce, Hostile Family Lawyers, Maintenance adversarial litigation, Amicable Solutions, child welfare, Children's Best Interests, Civil Contempt, Collaborative Resolution, Court Order Compliance, Court Order Violation, D.N.Q v P.Q case, Divorce Litigation Costs, divorce proceedings, Electricity Bill Dispute, Emotional Tensions, Family Law, Financial Disputes, Financial Strain, High Court ruling, Legal Costs, Legal Practitioners' Conduct, Legal Professional Responsibility, Legal Representation, Legal Strategy, Litigation Impact, Marital Tensions, Marumoagae AJ, matrimonial home, Mediation, Rule of Law, South African Judiciary Adversarial Litigation in Divorce and Family Law Practitioners’ Conduct: Unpacking – D.N.Q v P.Q (49090/2021) [2024] ZAGPPHC 12 (12 January 2024). Background of the Dispute The case of D.N.Q v P.Q (49090/2021) ZAGPPHC 12, presided over by Marumoagae AJ, emerged from a dispute within the context of a protracted divorce process.… READ MORE