04/08/2025 Bertus Preller Abuse of Process, Alimony, Anti-Dissipation Interdicts, anti-dissipatory relief, Child Maintenance, Children, Divorce, International Divorce, Maintenance, Procedural Law, Spousal Maintenance abuse of process, anti-dissipatory interdict, asset dissipation, asset protection, balance of convenience, Bassani Mining, bona fide expenditure, child maintenance, Colombian marriage law, cost orders, cross-border divorce, divorce proceedings, Family Law, foreign matrimonial regime, Hemiparesis disability, intention requirement, interim interdict, international divorce, jurisdictional requirements, Knox D'Arcy test, KSL v AL, mala fide conduct, matrimonial law, prima facie right, procedural pitfalls, spousal maintenance, urgent applications, Western Cape High Court Title: When Cross-Border Divorces Meet Anti-Dissipatory Interdicts: Intention, Abuse of Process and the Knox D’Arcy Test in T.S v J.V.C.P and Another (20783/24) [2025] ZAWCHC 325 (1 August 2025). Factual Matrix: A Cross-Border Marriage in Crisis This case presents the complexities that arise when a marriage governed by foreign law encounters the South African legal system during dissolution proceedings.… READ MORE
15/01/2024 Bertus Preller Adversarial Legal System, Costs, Divorce, Hostile Family Lawyers attorney fees, client interests, cost orders, court discretion, divorce proceedings, electronic adjudication, emotional considerations, family law complexities, financial considerations, judicial efficiency, judicial resources, Legal Ethics, legal practice implications, legal practitioner conduct, professional diligence, request for reasons, South African Family Law A Crucial Judgement for Family Law Practitioners: Insights from a Non-Family Law Case: A Critical Analysis of Recent South African Case Law on Legal Practitioner Conduct and Cost Orders. – Strydom and Another v Coomans and Others (M533/2021) [2024] ZANWHC 6 (8 January 2024) In November 2023, the court was presented with a request for reasons pertaining to a judgement made on the 16th of November 2023. This judgement had dismissed an application for… READ MORE