17/02/2024 Bertus Preller Adversarial Legal System, Arrears, Contempt of Court, Divorce, Interim Maintenance, Maintenance, Rule 43 child maintenance, child welfare, contempt of court, court authority, court judgments, court orders compliance, divorce disputes, divorce proceedings, enforcement of court orders, Family Court, Family Law, financial capacity, interim relief, legal advice, Legal Ethics, legal obligations, Legal proceedings, Legal Representation, legal sanctions, Legal Strategy, maintenance orders, matrimonial disputes, matrimonial litigation, non-compliance consequences, parental obligations, paternal grandparents, personal responsibility, Rule 43 Application, South African Law Contempt and Conduct in Divorce Disputes: Navigating the Thin Line Between Legal Obligations and Personal Responsibility. – J.S.H v M.S.H and Others (1308/2024) [2024] ZAWCHC 42 (16 February 2024). Background and Proceedings Initiated The case of J.S.H v M.S.H and Others, heard in the Western Cape High Court on 26 January 2024, under the judgment of Adhikari AJ, arose… READ MORE
16/02/2024 Bertus Preller Divorce, Procedural Law, Subpoenas abuse of process, administration of justice, attorney-client privilege, Burden of Proof, Case Law, challenge subpoena, compliance, contempt of court, court rules, dispute resolution, divorce subpoena, document production, evidence gathering, fair trial, judicial interpretation, Legal Disputes, Legal Framework, Legal Practitioners, legal privilege, Legal proceedings, privacy laws, relevance test, rights protection, Rule of Law, setting aside subpoena, South African Law, subpoena ad testificandum, subpoena duces tecum, subpoenas, Uniform Rules of Court, witness testimony Setting Aside a Subpoena in Divorce Proceedings: A Legal Analysis. In the realm of divorce litigation, the issuance and subsequent challenge to a subpoena duces tecum is a critical aspect that can significantly influence the course of proceedings. The purpose… READ MORE
12/02/2024 Bertus Preller Alimony, Arrears, Children, Divorce, Maintenance, Muslim Marriages, Procedural Law, Rule 43, Spousal Maintenance audi alteram partem, civil marriage, contempt of court, court discretion, COVID-19 impact, divorce proceedings, family law disputes, financial hardship, Gois v Van Zyl, High Court judgement, interim maintenance, legal advice, Legal Costs, legal principles, Legal Representation, maintenance obligations, MEC v Ikamva Architects, procedural missteps, R.A v F.A, rescission application, Rule 43(6) order, Rule 45A, Sharia Law, South African Family Law, Strime v Strime, suspension of maintenance orders, Uniform Rules of Court, Urgent Application, Whitfield v Van Aarde Understanding the Suspension of Maintenance Orders: Insights from – R.A v F.A (14491/2020; 14490/2020; 19594/2021) [2024] ZAWCHC 35 (9 February 2024) – LEKHULENI J. Maintenance Disputes: Navigating Rule 43(6) Orders In the significant legal decision of R.A v F.A, delivered on 9 February 2024 by Lekhuleni J in the Western Cape High Court, the… READ MORE
14/11/2023 Bertus Preller Alienation, Children, Contempt of Court, Divorce, Parental Rights Child Custody, Compliance with Orders, contempt of court, Contempt Proceedings, Court Jurisdiction, Court Orders, Courtroom Insights, Deed of Settlement, Divorce Decree, Family Advocate, Family Law, Family Legal Issues, judicial authority, Jurisdiction Issues, Legal Analysis, Legal Standards, Parental Rights, Parenting Disputes, Recent Case, South African Law Demystifying Contempt of Court in Family Law: Lessons from a Recent Case. P L v R L (2022/016375) ZAGPJHC 1331 (10 November 2023) Introduction to the Case In a recent application, the court examined an opposed application divided into three parts, with… READ MORE
11/10/2023 Bertus Preller Alimony, Arrears, Divorce, Interim Maintenance, Maintenance, Marriage, Rule 43, Spousal Maintenance Attorney Conduct, Bertus Preller, contempt of court, Court Orders, Divorce News, divorce proceedings, Family Law, Financial Arrears, Judicial System, Legal Accountability, Legal Practitioners, maintenance obligations, non-compliance, Rule 43, Rule 43 Order, Suspended Sentence, Urgent Application When Lawyers Drop the Ball: The Tale of Divorce, Defiance, and a Suspended Sentence. S.F.S. v A.J.S (11676/2018) ZAGPJHC 1142 (11 October 2023) The Facts The Applicant, who was in the midst of a contentious divorce, urgently approached the court, accusing the Respondent of… READ MORE
28/08/2023 Bertus Preller Abuse, Alienation, Children, Parental Rights, Relocation Applicant, Bertus Preller, Child Custody, contempt of court, costs, court order, Divorce, Divorce Attorney Cape Town, Divorce News, divorce proceedings, Family Advocate, Family Law, Imprisonment, Interim Protection Order, legal battle, Mala Fide, Malice, minor child, non-compliance, Parental Rights, relocation, Respondent, Warrant Issued When Parental Rights Clashed with Court Orders: The Urgent Contempt of Court Case of Ruan. P.J.B v E.B (5955/2023) ZALMPPHC 56 (24 July 2023) Introduction In a follow-up to a previous urgent court order concerning joint parental rights, the applicant, known as Ruan, had launched… READ MORE
10/11/2022 Bertus Preller Children care and contact, children's act, contempt of court, custody, father's rights, parental alienation, parenting plan, relocation, unmarried father Judge Gives Primary Care of Child To Father In the matter of V v L (1575/2021) ZAFSHC 284 (21 October 2022), the court granted primary residence of a three-year-old child to the father. The court also expressed, that… READ MORE