26/04/2026 Bertus Preller Animus contrahendi, qard, Appeal, Divorce, Enrichment, Faskh, Islamic Law, Islamic marriage, Muslim Marriages, Nafaqah, Nikah, Shariah law animus contrahendi, costs order, Dave v Birrell, delictual claim, Divorce Amendment Act 1 of 2024, Family Law, faskh, insurance excess, Islamic marriage, loan versus gift, magistrate's court appeal, Muslim Marriage, nafaqah, nikah, oral agreement, Pillay v Krishna, pleadings, qard, quantum, Shariah law, Shill v Milner, Sonap Petroleum, South African Law, spousal maintenance, tacit agreement, unjustified enrichment, waiver, Western Cape High Court, Women's Legal Centre Trust Loans, Gifts and Nafaqah: How the Western Cape High Court Rewrote the Financial Aftermath of an Islamic Marriage in Y.M v S.P (Appeal) (A146/2025) [2026] ZAWCHC 164 (13 April 2026). The facts: a brief nikah, a premature birth and a R154 118 claim In Y.M v S.P (Appeal) (A146/2025) ZAWCHC 164 (13 April 2026), the Western Cape High Court (Pangarker… READ MORE
19/11/2024 Bertus Preller Adversarial Legal System, Appeal, Best Interests of the Child, Children, Coercive Control, Conduct of Childcare Experts, Costs, Divorce, Family Law Court System South Africa, In Community of Property, Marital Regimes, Pacta sunt servanda, Parental Alienation, Parental Rights, Punitive Cost Orders, Relocation, Settlement agreements, Shared Residency best interests of child, breastfeeding rights, Child Custody, children's rights, children's act, Constitutional Rights, costs order, custody agreement, custody battle, divorce proceedings, divorce settlement, Family Advocate, family advocate recommendations, Family Court, Family Law, financial coercion, joint estate, Judicial Discretion, legal precedent, matrimonial property, Medupi Power Station, Parental Rights, parenting plan, Primary Caregiver, primary residence, settlement agreement, South African courts, Supreme Court of Appeal, unilateral relocation, upper guardian When Power Moves Meet Parental Rights: High Court Pulls the Plug on Dad’s Custody Settlement in ZDE v CE (1011/2022) [2024] ZASCA 159. (18 November 2024). Background to the Matter Picture this: the corridors of the Supreme Court of Appeal in Bloemfontein, where legal dramas unfold with the regularity of load-shedding schedules. But this time, the… READ MORE
12/10/2024 Bertus Preller Costs, Divorce, Procedural Law, Separation Applications asset dissipation, Asset Division, attorney-client scale, business interests, community of property, costs order, court ruling, Divorce, evidentiary rules, Gauteng High Court, hearsay evidence, inadmissible evidence, joint estate, Legal Requirements, matrimonial dispute, Matrimonial Property Act, prejudice, prima facie case, Section 20, South Africa, Urgent Application, urgent relief, ZAGPPHC Divorce Drama Derailed: BTTM v NKM (054684 2024) [2024] ZAGPPHC 992 Exposes Pitfalls of Hasty Matrimonial Asset Division – (1 October 2024). Background: A Marriage in Community of Property Heads for Divorce In the bustling corridors of the Gauteng Division of the High Court in Pretoria, a matrimonial dispute unfolded that would… READ MORE
21/08/2024 Bertus Preller Adversarial Legal System, Alternative Dispute Resolution, Best Interests of the Child, Children, Costs, Family Law Court System South Africa, Joint Decision Making, Parental Coordinator, Schools, Urgency Alternative Dispute Resolution, attorney-client scale, best interests of the child, Child Custody, co-parenting, communication skills, costs order, facilitative mediation, Family Advocate, legal precedent, Mediation, parenting coordinator, Rule 41A, school choice, Self-Created Urgency, South African Family Law, Uniform Rules of Court, urgent court application, Western Cape High Court Urgent Co-Parenting Battles: A Lesson in Patience from D.D v I.L and Another (16939/2024) [2024] ZAWCHC 215 (20 August 2024). Background: A Preschool Predicament In the Western Cape High Court case of D.D v I.L and Another (16939/2024) ZAWCHC 215 (20 August 2024), we encounter a poignant example of how… READ MORE
06/08/2024 Bertus Preller Divorce, Procedural Law, Procedure, Recission of Divorce Orders attorney negligence, bona fide defence, civil litigation, contradictory evidence, costs order, court appearance, default judgment, Divorce, forfeiture, High Court Judgment, Legal Representation, matrimonial benefits, procedural missteps, rescission application, Rule 31(2), Rule 42(1)(a), Saloojee principle, South African Law, unopposed divorce Divorce, Dismissal, and Dueling Affidavits: How Attorneys’ Missteps Doomed a Rescission Bid in S.P.M v L.M (Born M) (56859/2021) [2024] ZAGPPHC 729 (2 August 2024). Background: The Divorce Proceedings and Rule 27 Application The case of S.P.M v L.M (Born M) (56859/2021) ZAGPPHC 729 stems from a divorce action initiated in November 2021. The parties… READ MORE
31/07/2024 Bertus Preller Actio communi dividundo, Adversarial Legal System, Best Interests of the Child, Children, Costs, Divorce, Hostile Family Lawyers, Marital Regimes, Rule 43 actio communi dividundo, best interests of the child, children's interests, costs order, divorce proceedings, equity, family disputes, Family Law, Gauteng Division, High Court, joint ownership, legal precedent, litigation conduct, matrimonial home, Property Division, property rights, punitive costs, Robson v Theron, Rule 43, scale B costs, South African Law, transfer of property, valuation Dividing the Family Home and Awarding Costs: N M v M M and Another (2023/008561) [2024] ZAGPJHC 1818 Balances Property Rights, Children’s Interests, and Litigation Conduct. The Actio Communi Dividundo: Terminating Joint Ownership During Divorce Proceedings In the recent case of N M v M M and Another (2023/008561) ZAGPJHC 1818 (24 July 2024), the Gauteng… READ MORE
20/05/2024 Bertus Preller Best Interests of the Child, Children, Guardianship, Parental Rights, Procedural Law, Procedure, Schooling abuse of process, best interests of the child, biological parents, care and contact, child contact, Child Custody, children's act, consanguinity, costs order, court's discretion, Family Advocate, M M v N M and Others, minor child, Mukaddam v Pioneer Foods, Parental Responsibilities, Parental Rights, third-party rights, Uniform Rule 6(12)(b), urgent applications The Limits of Third-Party Rights in Child Contact: P.D and Another v A.R and Another (D779/2023) [2024] ZAKZDHC 27 (17 May 2024). Background of the case The case of P.D and Another v A.R and Another (D779/2023) ZAKZDHC 27 (17 May 2024) involved an unusual set of facts. The applicants, who were… READ MORE
07/05/2024 Bertus Preller Adversarial Legal System, Child Maintenance, Costs, Financial Disclosure, Maintenance, Procedure, Rule 43 094387/23, 2024, abuse of process, Arrear Maintenance, case law interpretation, contact arrangements, costs order, dismissal, divorce proceedings, expeditious decision, Family Advocate, financial position, Gauteng Division, High Court, inexpensive resolution, interim relief, just decision, lengthy affidavits, M.N v A.L.N, maintenance, Minor Children, Pretoria, Rule 43 Application, rule amendments, Rules Board, South African Law, status quo M.N v A.L.N (094387/23) [2024] ZAGPPHC 402 (22 April 2024): High Court Dismisses Lengthy Rule 43 Application as an Abuse of Process. Background of the Rule 43 Application In the case of M.N v A.L.N (094387/23) ZAGPPHC 402 (22 April 2024), the applicant launched a Rule 43 application on 27 November 2023,… READ MORE
23/04/2024 Bertus Preller Costs 2022/18404, Access to Justice, complexity, costs order, counsel's fees, High Court, importance, jurisdiction, Labour Court, Legal Fees, Mashavha v Enaex Africa (Pty) Ltd, party and party costs, prospective application, Rule 67A, scale of costs, standing, Uniform Rules of Court, value, ZAGPJHC 387 Mashavha v Enaex Africa (Pty) Ltd (2022/18404) [2024] ZAGPJHC 387 (22 April 2024): Application of New Rule 67A on Party and Party Costs in the High Court. Facts of the Case In the case of Mashavha v Enaex Africa (Pty) Ltd (2022/18404) ZAGPJHC 387 (22 April 2024), the applicant, Lucky Ephraim Mashavha, brought an application against several… READ MORE
22/04/2024 Bertus Preller Arrears, Child Maintenance, Children, Divorce, Maintenance, Procedure arrears, attachment of assets, costs order, counsel's fees, discretion, divorce order, factual basis, Family Law, High Court, inherent jurisdiction, injustice, maintenance court, maintenance enforcement, movable property, new costs rules, oppressive conduct, post-divorce dispute, precedent, right of election, self-supporting children, settlement agreement, stay of execution, substantive engagement, taxation, trust funds, Writ of Execution High Court Upholds Writ of Execution for Unpaid Maintenance Despite Forum Challenge. – M.R v L.O and Others (2023/070007) [2024] ZAGPJHC 371, (16 April 2024). Facts of the Case M.R v L.O and Others revolves around a dispute between former spouses over allegedly unpaid child maintenance. When the parties divorced, their divorce order incorporated a… READ MORE