21/02/2025 Bertus Preller Best Interests of the Child, Children, Divorce, Family Law Court System South Africa, Joint Decision Making, Mediation, Parental Coordinator, Parental Rights, Views of the Child Australian family law, bias in PCs, Canadian PCs, child best interests, child welfare, child-centric, co-parenting, Court Orders, dispute resolution, divorce mediation, FAMAC, Family Dispute Resolution Bill, Family Law, financial accessibility, H v H, high-conflict disputes, judicial oversight, Legal Framework, legislative reform, mediation reform, NABFAM, parental conflict, Parental Coordinators, parenting coordination, SALRC, Schneider NO, Section 28(2), South Africa, TC v SC, training PCs Uncharted Guardians: The Rise and Reform of Parental Coordinators in South Africa’s Family Law Frontier. Parental Coordinators in South Africa: Legal Framework and Development Parental Coordinators (PCs) have become an essential mechanism in managing high-conflict parenting disputes in South Africa, particularly after divorce or separation.… READ MORE
01/11/2024 Bertus Preller Contempt of Court, Costs, Divorce, Hiding Assets, International Divorce, Procedure, Settlement agreements asset distribution, civil debt, civil imprisonment, civil procedure, constitutional law, contempt of court, court authority, Court Orders, cross-border enforcement, debt enforcement, Divorce Act, divorce litigation, divorce settlement, doctrine of effectiveness, emigration consequences, foreign jurisdiction, international debtor, international divorce, international enforcement, jurisdiction, Justice Wille, Legal Jurisdiction, maintenance arrears, maintenance obligations, matrimonial property, monetary judgments, nulla bona, Saudi Arabia, South African Law, Western Cape High Court From Cape Town to Saudi: Why Your Ex Can’t Be Jailed Abroad – V.L v O.C.V (11677/2006 ; 18206/2007) [2024] ZAWCHC 338 (29 October 2024). Background: A 17-Year-Old Divorce Settlement Gone Wrong Picture this: A divorce settlement from 2006, a respondent who jetted off to Saudi Arabia, and an ex-spouse wielding a court order like… READ MORE
26/02/2024 Bertus Preller Divorce, Procedure, Recission of Divorce Orders Case Law, clean hands doctrine, Condonation, Constitutional Rights, Court Orders, Deeds Registries Act, Divorce Decree, divorce proceedings, due process, equitable relief, Family Court, Family Law, Legal Analysis, legal challenges, Legal precedents, Legal proceedings, legal remedies, Legal Representation, matrimonial disputes, matrimonial property, procedural fairness, property rights, rescission of judgment, Rule 31(2)(b), Rule 42(1)(a), service of summons, South African Law, Uniform Rules of Court Unraveling Legal Mysteries: The Rescission of Divorce Decrees in South African Law. – E S v J S (2011/19961) [2024] ZAGPJHC 164 (19 February 2024). Introduction to the Case of E S v J S In the intriguing case of E S v J S (2011/19961) ZAGPJHC 164, adjudicated on 19 February 2024, the court… READ MORE
20/12/2023 Bertus Preller Children, Divorce, Guardianship, Parental Rights Child Custody, Children's Best Interests, Constitutional Rights, Court Decisions, Court Orders, divorce proceedings, Family Court, Family Law, Family Law Judgements, Jurisdictional Challenges, Legal Balancing Act, legal case analysis, Legal Costs, Legal Discretion, Legal Ethics, Legal Insights, Legal precedents, Medical Records Disclosure, Parental Duties, Parental Rights, Privacy Rights, Privacy vs Best Interests, South Africa, Therapy Confidentiality, W.B v R.B Balancing Privacy and Children’s Best Interests: Insights from W.B v R.B and Another (D8141/2022) [2023] ZAKZDHC 96 (18 December 2023). Introduction In the case of W.B v R.B and Another, presided over by Henriques J, the court faced a complex interlocutory application. This case, filed under case number D8141/2022 and… READ MORE
21/11/2023 Bertus Preller Children, Parental Rights, Relocation, Views of the Child child maintenance, Child Relocation, child welfare, Children's Best Interests, Court Orders, Cross-Continental Relocation, Custodian Parent, Divorce, Dubai, Family Law, International Relocation, Legal Custody, Legal Jurisdiction, Legal precedents, Legal Representation, Parental Responsibilities, Parental Rights, parenting plan, South Africa Navigating International Waters: A South African Family Law Case on Child Relocation to Dubai. – TS v S D D – Case Number: 7389/2023 – 20 November 2023. Holderness AJ INTRODUCTION Application by the Mother: The applicant, the mother of two children, S (15 years old) and K (11 years old), sought several legal reliefs. These included: Permission… READ MORE
15/11/2023 Bertus Preller Alimony, Children, Costs, Divorce, Interim Maintenance, Maintenance, Parental Rights, Rule 43, Spousal Maintenance best interests principle, Child Custody, Children's Welfare, Court Orders, divorce litigation, divorce proceedings, equitable treatment, Family Law, financial disclosure, financial imbalances., financial transparency, interim relief, legal costs contribution, maintenance pendente lite, matrimonial property, new family law case, Parental Responsibilities, Rule 43 applications, South African Law, spousal support, temporary orders Avoiding Pitfalls: Key Lessons from a Rule 43 Divorce Showdown. SN v SR (2023/036122) [2023] ZAGPJHC 1335 (14 November 2023) Introduction and Background Marriage and Separation: The applicant and the respondent had been married since 25 August 2007, out of community of property with accrual. They had two minor children.… 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