30/11/2023 Bertus Preller Costs, Divorce, Financial Disclosure, Hiding Assets, International Divorce Appeal Process, Asset Concealment, Co-ownership, Court Rulings, Divorce, Family Law, Financial Disputes, Legal Consequences South African Law, legal obligations, Legal Perspective, Legal precedents, Legal Representation, Legal Strategy, maintenance claims, Marital Assets, Namibian Law, Property Division, Property Transfer, Public Policy, Trust Agreements Divorce and Deception: A Landmark Case on Hidden Assets and Legal Consequences – Insights from Namibian Law: Oberholzer v Loots and another (SA 33-2021) NASC [2023] (22 November 2023) Background and Relationship between the Parties The Appellant and the Respondent were involved in a personal relationship. During this period, they lived together and were engaged in the management and… READ MORE
23/11/2023 Bertus Preller Accrual Calculation, anti-dissipatory relief, Divorce, Marital Regimes, Settlement agreements Accrual Calculation, Antenuptial Contract, Asset Disclosure, Asset Division, Court Rulings, Divorce Law, divorce proceedings, divorce settlements, Estate Valuation, Financial Outcomes, Financial Settlements, legal implications, Legal Insights, Liability Consideration, Marital Assets., Marriage Dissolution, matrimonial property, Matrimonial Property Act, Property Valuation, South African Law Timing is Everything: The Crucial Role of Accrual Calculation Date in Divorce Cases. R.D.M v M.T.M (M608/22) [2023] ZANWHC 216 (21 November 2023). The facts of the case, as presented in the judgment, revolve around an application for the provisional sequestration of the respondent's estate, following the dissolution of a marriage under South… READ MORE
21/11/2023 Bertus Preller Adversarial Legal System, Alimony, Costs, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43, Spousal Maintenance Affidavit Analysis, Attorney Conduct, child maintenance, Condonation, Constitutional Challenges, Court Rulings, divorce proceedings, Family Law, financial disclosure, interim relief, Legal Ethics, Legal precedents, Legal Procedure, Litigation Tactics, maintenance pendente lite, Procedural Compliance, Prolixity in Affidavits, Rule 30 Challenge, Rule 43 Application, South African High Court Navigating the Complex Waters of Financial Disclosure in Rule 43 Applications and Legal Ethics: A Closer Look at a Landmark Ruling and the Conduct of the Respondent’s Attorney. I P v N P ; In re: N P v I P (16768/2023) ZAWCHC 170 (20 November 2023) Analysis of Rule 30 and Rule 43 Applications Overview of the… READ MORE
19/11/2023 Bertus Preller Arrears, Contempt of Court, Divorce, Interim Maintenance, Maintenance, Rule 43, Settlement agreements Binding agreements, Consent Papers, court order, Court order superseding, Court Rulings, Divorce Law, divorce proceedings, divorce settlements, Enforceable agreements, Family Court, Legal advice on divorce, Legal binding, Legal dispute resolution., Legal enforceability, legal implications, Legal precedence, Marital settlements, matrimonial law, new family law cases, Non-court order settlements, Relationship contracts, settlement agreement Divorce Dilemma: Settlement vs. Court Order: Navigating the Binding Complexities in Divorce Cases. – L C v L C (2023004515) 2023 ZAGPJHC 1365 (15 November 2023). SUMMARY OF JUDGMENT A. INTRODUCTION The applicant sought to rescind a contempt of court order that had been granted by Acting Justice Moorcraft on 11 October 2022 under case number… READ MORE
21/07/2023 Bertus Preller Abuse, Alienation, Children, Divorce Bertus Preller, Child Custody, Child Psychology, child welfare, Child's Best Interests, Court Rulings, Divorce, Divorce Attorney Cape Town, Divorce News, Family Court, Family Law, legal precedent, Parental Alienation Syndrome, Parental Responsibilities, Protective Measures, Psychological Impact, South African Family Law, Therapeutic Interventions, ZAGPJHC 2023 Parental Alienation Syndrome and Its Impact on Children: Insights from a Recent South African Case D, TE v G, B (015642/2022) ZAGPJHC --- (13 July 2023) SUMMARY This case pertains to family law and involves an urgent application. The child's best interests are the primary… READ MORE