12/06/2025 Bertus Preller Costs, Divorce, Financial Disclosure, Rule 43, Rule 43 Cost Contributions, Rule 58, Spousal Maintenance, Variation Rule 43(6) Access to Justice, accrual system, banking statements, business interests, close corporation income, costs orders, court discretion, credit facilities, Divorce Act, divorce costs, divorce proceedings, evidence requirements, Family Law, financial disclosure, financial means assessment, High Court Judgment, inadequate disclosure, interlocutory applications, legal contribution, legal costs contribution, legal representation funding, litigation funding, material change circumstances, matrimonial law, matrimonial litigation, patrimonial benefits, Property Valuation, Rule 43 applications, spousal maintenance, uniform rules court Rule 43 Applications Dismissed: Financial Disclosure Failures Sink Litigation Funding Bid in J VW v P C VW (EL 514/2025) [2025] ZAECELLC 8 (27 May 2025). The Facts The parties were involved in a divorce action with patrimonial benefits and the accrual system being central issues. Before the court was an application for a further contribution… READ MORE
21/04/2025 Bertus Preller Division of Estate, Divorce, Forfeiture of Benefits, Pension Funds, Recission of Divorce Orders community of property, court discretion, divorce act section 9, divorce costs, divorce judgment, divorce proceedings, divorce settlements, extramarital affairs, family law South Africa, financial abuse marriage, financial misconduct, Forfeiture of benefits, Gauteng High Court, High Court Judgment, justice kooverjie, legal precedent, Marital Assets, marriage breakdown, matrimonial property, partial rescission, pension claims, Pension Forfeiture, pension interests divorce, Property Division, South African divorce law, spousal misconduct, substantial misconduct, undue benefit, wijker test Marriage Misconduct Costs Husband Dearly: Court Orders Forfeiture of Property and Pension Benefits in M.J.L v L.O.L (22341/19; A288/2023) [2025] ZAGPPHC 331 (27 March 2025). Background: The Marriage and Subsequent Divorce Proceedings The recent High Court judgment in M.J.L v L.O.L (22341/19; A288/2023) ZAGPPHC 331 (27 March 2025) provides valuable insights into how South African… READ MORE
17/03/2025 Bertus Preller Best Interests of the Child, Children, Conduct of Childcare Experts, Costs, Guardianship, Relocation 2025 ZAKZPHC 26, best interests of the child, Child Relocation, Children’s Act 38 of 2005, consent order rejection, Contact rights, court discretion, custody dispute, D.R.R v S.D.R, expert evidence, F v F, Family Advocate, Family Law, High Court South Africa, Johannesburg vs Pietermaritzburg, KwaZulu-Natal Division, legal precedent, Mossop J, parental alienation, Parental Rights, primary care, psychological reports, sibling separation, sibling unity, South African Law, Terblanche v Terblanche, upper guardian, Van der Linde case, ZDE v CE Divided No More: Sibling Unity Triumphs in D.R.R v S.D.R and Another (8947/2022P) [2025] ZAKZPHC 26 (13 March 2025). Background of the Family Dispute In the matter of D.R.R v S.D.R and Another (8947/2022P) ZAKZPHC 26 (13 March 2025), heard in the High Court of South Africa, KwaZulu-Natal Division,… READ MORE
05/08/2024 Bertus Preller Abuse, Adultery, Adversarial Legal System, Alternative Dispute Resolution, Children, Costs, Divorce, Domestic Violence, Forfeiture of Benefits, Infidelity, Pension Funds, Reasons for Dicorce court discretion, Divorce, Divorce Act, evidence, financial transparency, forfeiture, Gauteng High Court, joint estate, Judge Wanless, legal precedent, litigation, marriage, matrimonial property, pension interest, pleadings, Property Division, South Africa, spousal contribution, substantial misconduct Forfeiture of Benefits in Divorce: Lessons from T.N v S.N (14166/2019) [2024] ZAGPJHC 703 (24 July 2024). Background of the T.N v S.N Divorce Case The case of T.N v S.N (14166/2019) ZAGPJHC 703 (22 July 2024) involves a divorce action heard in the Gauteng High Court,… READ MORE
21/06/2024 Bertus Preller Alimony, Divorce, In Community of Property, Maintenance, Spousal Maintenance Asset Division, clean break principle, costs award, court discretion, Divorce Act, divorce settlement, earning capacity, financial planning, financial security, financial vulnerability, Gender Equality, health considerations, holistic approach, Judicial Discretion, legal precedent, life-long maintenance, long-term marriage, Marital Assets, medical aid, pension benefits, permanent maintenance, post-divorce living standards, procedural flexibility, quality of life, rehabilitative maintenance, retirement funds, South African divorce law, spousal support, witness credibility Life-Long Spousal Maintenance Upheld: M.T v E.T (8197/2018) [2024] ZAGPJHC 578 (20 June 2024). Background: A 28-Year Marriage Comes to an End The case of M.T v E.T (8197/2018) ZAGPJHC 578 (20 June 2024) presents a moving tale of a long-term marriage's dissolution and… 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
09/02/2024 Bertus Preller Alimony, Divorce, Maintenance, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance assessment of financial needs, clean hands doctrine, court discretion, disclosing financial information, divorce court orders, divorce financial obligations, divorce proceedings, equitable relief, financial deceit in divorce, financial disclosure, financial transparency, honesty in legal proceedings, inheritance disclosure, interim maintenance, interim relief, judicial fairness, legal costs in divorce, Legal Ethics, legal obligations in divorce, legal strategies in divorce, maintenance orders, Marital Assets, marital financial disputes, NZIWENI J, Rule 43 applications, savings disclosure, South African Family Law, spousal support, striking applications, transparency in divorce, Uniform Rules of Court Unlocking Fairness in Divorce: The Critical Role of Full Disclosure in Rule 43 Applications. – C.A v H.A (5578/2022) [2024] ZAWCHC 25 (6 February 2024). Introduction In the case of C.A vs. H.A, brought under Rule 43 of the Uniform Rules of Court, the applicant sought interim maintenance for herself while awaiting the finalisation of… 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
10/11/2023 Bertus Preller Alimony, anti-dissipatory relief, Divorce, Financial Disclosure, Maintenance, Rule 43 asset dissipation, attorney and client scale, Constitutional Rights, court discretion, divorce litigation, equitable access, financial analysis, financial disclosure, financial hardship, gender disparities, legal costs contribution, maintenance payments, matrimonial cases, matrimonial property, prolixity in legal documents, Rule 43, South African Law, Uniform Rules of Court, urgent applications Rule 43 in Action: Deciphering Court Orders on Contribution to Costs and Attorney-Client Scale Cost Orders in Divorce Cases. L.S.P. v R.S.P (2014/2941) ZAGPJHC 1281 (9 November 2023) Summary of the Case Introduction and Background Rule 43 Application: The plaintiff (Applicant) had filed a Rule 43 application in an… READ MORE