21/06/2025 Bertus Preller Division of Estate, Divorce, Financial Disclosure, Maintenance, Marriage, Muslim Marriages, Redistribution Claim, Same Sex Couples accrual system exclusion, antenuptial contract override, asset redistribution divorce, Constitutional Court divorce ruling 2023, constitutional family law, customary marriage divorce, divorce asset division reform, divorce court powers, divorce settlement negotiation, equitable asset distribution, family law modernization, financial vulnerability divorce, gender equality divorce, General Laws Family Matters Amendment Bill 2025, homemaker financial rights, marriage contract fairness, matrimonial property act amendment, Muslim marriage divorce rights, non-financial contributions marriage, out of community property, separate property marriage, South Africa divorce law, spousal maintenance alternatives, stay-at-home spouse rights, surviving spouse claims, vulnerable spouse protection, widowhood financial protection South Africa’s Divorce Revolution: How the 2023 Constitutional Court Ruling and General Laws (Family Matters) Amendment Bill 2025 Rewrote Asset Division Laws to Protect Vulnerable Spouses. Introduction South Africa is on the verge of a major transformation in divorce law that will fundamentally change how assets are divided when marriages end. Justice Minister Mmamoloko Kubayi has… READ MORE
10/06/2025 Bertus Preller Best Interests of the Child, Children, Conduct of Childcare Experts, Divorce, Guardianship, International Travel, Maintenance, Muslim Marriages, Parental Coordinator, Parental Rights, Procedural Law, Relocation best interests of child, child psychology relocation, child relocation South Africa, Children’s Act 38 of 2005, constitutional family law, contact arrangements international, cross-border parenting, custodial parent rights, divorce relocation orders, expert witness family law, F v F constitutional rights, Family Advocate reports, family law South Africa, freedom of movement parents, gender discrimination family law, gender equality family court, international custody disputes, international relocation disputes, Jackson v Jackson precedent, KwaZulu-Natal High Court, maintenance obligations relocation, mirror orders international, non-custodial parent contact, parental alienation allegations, parental consent relocation, passport consent children, Portugal relocation case, primary caregiver rights, visa requirements minors Breaking the Shackles: How W.S v N.V (D376/2020; D1062/2021) [2025] ZAKZDHC 35 (6 June 2025) Transformed South African Child Relocation Law and Gender Rights. The Facts: A Family Torn Between Two Continents This case presents a deeply personal yet legally complex dispute that unfolded over several years, illustrating the profound challenges faced by divorced… READ MORE
25/02/2025 Bertus Preller Customary Law, Customary Marriages, Divorce, Islamic Law, Maintenance, Muslim Marriages, Rule 43, Rule 58, Spousal Maintenance AM v RM case, constitutional family law, custody disputes, Divorce Amendment Act 1 of 2024, divorce case law, divorce legislation, divorce maintenance, divorce proceedings, Essop v Haffejee case, interim relief, Islamic divorce, Islamic law in South Africa, judicial oversight, Legal Jurisdiction, legal precedent, Legal Protections, matrimonial disputes, matrimonial law, Muslim Marriage, Muslim spouses, Muslim women rights, religious divorce, Rule 43, SJ v SE case, South African divorce law, South African Family Law, South African High Court, spousal maintenance, Talaaq, Zaphiriou case South African Court Rules on Talaaq and Rule 43 Interim Relief in Divorce – H.A v N.A (144907/2024) [2025] ZAGPPHC 121 (13 February 2025). Introduction: A Landmark Case on Muslim Marriages and Rule 43 The case of H.A v N.A (144907/2024) ZAGPPHC 121 (13 February 2025) addresses a significant legal question concerning the application… READ MORE