04/02/2026 Bertus Preller Alimony, Costs, Family Advocate, Interim Maintenance, Maintenance, Mediation, Non-disclosure consequences, Pendente Lite, Rule 43, Rule 43 Applications, Rule 43 orders, Spousal Maintenance, Uberrimae fidei matrimonial proceedings, Uniform Form Rules of Court adverse costs orders family law, clean hands doctrine, contribution to legal costs, contribution towards costs requirements, custody and contact disputes, Du Preez v Du Preez, duty of disclosure in divorce, duty of support spouses, equitable relief divorce, false affidavits maintenance, Family Advocate role, family law dishonesty, financial disclosure matrimonial proceedings, interim maintenance South Africa, maintenance court jurisdiction, matrimonial property disputes, Mediation in Certain Divorce Matters Act, non-disclosure consequences, Office of Family Advocate, perjury in divorce proceedings, prima facie case legal costs, Rule 43 applications, Rule 43 costs orders, Rule 43(5) discretion, South African divorce law, spousal maintenance pendente lite, uberrimae fidei matrimonial proceedings, Uniform Rules of Court Rule 43, Van Rippen v Van Rippen When Clean Hands Matter: The Fatal Cost of Non-Disclosure in Rule 43 Applications – S.J. J v M.M. J (2025/056214) [2026] ZAGPJHC 57 (2 February 2026). Factual Matrix: A Rule 43 Application Gone Wrong The parties married on 13 October 2012 in Johannesburg, out of community of property with the accrual system. Two minor children were… READ MORE
21/10/2025 Bertus Preller Abuse of Process, Alimony, Asset Disclosure, Children, Costs, Divorce, Fishing expedition discovery, Gender equality, Hostile Family Lawyers, Interim Maintenance, Irregular proceedings, Maintenance, Matrimonial proceedings discovery, Procedural Law, Procedure, Prolixity, Punitive Cost Orders, Rule 43, Rule 43 Applications, Rule 43 Contempt, Rule 43 Cost Contributions, Rule 43 orders, Rule 58 Access to Justice, accrual claims, attorney fees Rule 43, B.S v K.W.S 2025, catch me if you can divorce, Children's Best Interests, constitutional implications maintenance, contribution to legal costs, E v E full court, financial disclosure divorce, financially weaker spouse, full and frank disclosure, gender equality divorce, hiding assets divorce, interim relief pending divorce, interim spousal maintenance, KwaZulu-Natal High Court, length of court papers, maintenance pendente lite, matrimonial litigation, matrimonial property disputes, prolixity in divorce proceedings, relevant versus irrelevant evidence, Rule 43 applications, S.M v N.M 2024, South African Family Law, standard of living divorce, striking off applications, Uniform Rule 43 When Brevity Becomes Brutality: S.M v N.M (D6667/2024) [2024] ZAKZDHC 54 versus B.S v K.W.S (2025/027511) [2025] ZAGPPHC 1085 – Has Striking Off Rule 43 Applications for Prolixity Gone Too Far? Two Cases, Two Outcomes: The Factual Matrix of S.M v N.M and B.S v K.W.S The contrasting outcomes in S.M v N.M (D6667/2024) ZAKZDHC 54 (28 August 2024) and B.S… READ MORE
30/09/2025 Bertus Preller Alimony, Civil contempt South Africa, Contempt of Court, Costs, Maintenance, Procedural Law, Rule 43, Rule 43 Contempt, Rule 43 orders, Spousal Maintenance, Unaffordability defence, Variation Rule 43(6) affordability defence evidence, civil contempt South Africa, constitutional rights maintenance, contempt of court, contribution to legal costs, Equality of Arms, Fakie test contempt, financial disclosure requirements, Gauteng High Court Johannesburg, joint estate litigation, judicial integrity, late filing affidavits, maintenance arrears, mala fide conduct, procedural abuse family law, punitive costs order, Rule 43 proceedings, Rule 43(6) variation, section 10 dignity, section 34 access to justice, section 9 equality, spousal maintenance non-payment, suspended sentence contempt, T.F.C v B.J.C 2025, unaffordability defence, Uniform Rules of Court, warrant of arrest maintenance, wilful non-compliance, ZAGPJHC 956 When “I Cannot Afford It” Fails: Contempt, Constitutional Rights and Procedural Abuse in T.F.C v B.J.C (21300/2022) [2025] ZAGPJHC 956 (25 September 2025). From Rule 43 Relief to Repeated Refusal: The Factual Matrix of Mounting Non-Compliance The factual backdrop to this contempt application reveals a distressing pattern of deliberate defiance that began almost… READ MORE
09/04/2025 Bertus Preller Alimony, Costs, Divorce, Maintenance, Rule 43, Rule 43 Cost Contributions accrual system, Acting Judge Pretorius, constitutional rights in divorce, contribution to legal costs, Divorce Litigation Costs, divorce proceedings, duty of support, equality before the law, Equality of Arms, expert fees in divorce, Family Law, financial disclosure, financial non-disclosure, financial transparency, forensic accounting, Gauteng High Court, high net worth divorce, interim maintenance, legal precedent, maintenance pendente lite, matrimonial property, Qatar Airlines pilot, Rule 43 Application, Rule 43 principles, South African divorce law, spousal maintenance, standard of living, stay-at-home spouse High Court Judgment Clarifies Rule 43 Relief in Wealthy Divorces: M.C D.C.R v A.P.W.R (2024 075727) [2025] ZAGPJHC 307 (19 March 2025). Background to the Rule 43 Application: Interim Maintenance Pending Divorce The case of M.C D.C.R v A.P.W.R (2024 075727) ZAGPJHC 307 (19 March 2025) revolves around a Rule 43 application… READ MORE