20/03/2025 Bertus Preller Arrears Antenuptial Contract, attachment order, civil imprisonment, contempt of court, contempt sanctions, divorce litigation, divorce proceedings, family law judgment, financial affordability, interim maintenance, Judicial Discretion, Justice Bhoopchand, maintenance arrears, maintenance enforcement, maintenance obligations, maintenance payment shortfall, Mala Fide, Maurice Phillips Wisenberg, non-compliance, paediatricians divorce, parental obligations, PPS order, retirement annuity, Rule 43 Order, South African Family Law, Suspended Sentence, trust fund mechanism, Western Cape High Court, wilful contempt, willfulness in contempt Trust Fund Technicality: How R.A v I.K (8953/2020) [2025] ZAWCHC 123 (19 March 2025) Redefines Contempt in Maintenance Orders. Background: The Tumultuous Divorce Proceedings Leading to the Contempt Application The case of R.A v I.K (8953/2020) ZAWCHC 123 (19 March 2025) provides a compelling glimpse into the often complex… READ MORE
01/11/2024 Bertus Preller Contempt of Court, Costs, Divorce, Hiding Assets, International Divorce, Procedure, Settlement agreements asset distribution, civil debt, civil imprisonment, civil procedure, constitutional law, contempt of court, court authority, Court Orders, cross-border enforcement, debt enforcement, Divorce Act, divorce litigation, divorce settlement, doctrine of effectiveness, emigration consequences, foreign jurisdiction, international debtor, international divorce, international enforcement, jurisdiction, Justice Wille, Legal Jurisdiction, maintenance arrears, maintenance obligations, matrimonial property, monetary judgments, nulla bona, Saudi Arabia, South African Law, Western Cape High Court From Cape Town to Saudi: Why Your Ex Can’t Be Jailed Abroad – V.L v O.C.V (11677/2006 ; 18206/2007) [2024] ZAWCHC 338 (29 October 2024). Background: A 17-Year-Old Divorce Settlement Gone Wrong Picture this: A divorce settlement from 2006, a respondent who jetted off to Saudi Arabia, and an ex-spouse wielding a court order like… READ MORE