23/05/2024 Bertus Preller Divorce, Maintenance, Marriage, Pacta sunt servanda, Prenuptial Afreement Antenuptial Contract, certainty, circumvention, Constitutional Court, D H B v C S B, dissenting opinion, Divorce, Divorce Act, donation, enforceability, fairness, freedom of contract, Judicial Discretion, jurisdiction, legal status, maintenance contract, majority judgment, matrimonial regime, Pacta Sunt Servanda, pleadings, prenuptial agreements, procedural fairness, Public Policy, Section 7, spousal maintenance, statutory right, unintended consequences Prenuptial Agreements and Public Policy: The Constitutional Court’s Ruling in D H B v C S B (CCT 293/22) [2024] ZACC 9 (22 May 2024). Background of the Case D H B and C S B concluded an antenuptial contract before their marriage in 2015, declaring their marriage to be out of community of property… READ MORE
02/11/2023 Bertus Preller Alimony, Arrears, Costs, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Marriage, Rule 43, Spousal Maintenance Divorce Act, divorce proceedings, financial disclosure, financial inequity, inheritance, interim maintenance, legal precedent, maintenance obligations, marital contribution, marital standard of living, non-disclosure, ophthalmologist, Rule 43, Section 7(2), South African Family Law, spousal support, Uniform Rules of Court, Urgent Application, variation order Balancing the Scales of Interim Maintenance: A South African Case Study on Inheritance and Rule 43 Orders. L.M v R.D.M (EL789/2022) ZAECELLC 32 (31 October 2023) Case Summary: The applicant, an ophthalmologist, instituted an application seeking, amongst others, variation of an Order granted by Stretch J on… READ MORE
10/10/2023 Bertus Preller Antenuptial Contracts, Divorce, Marital Regimes, Marriage accrual system, Antenuptial Contracts, asset redistribution, Bertus Preller, Constitutional Court, Divorce Act, Divorce Attorney Cape Town, Divorce News, Family Law, financial landscape, gender discrimination, legal implications, marital contracts, marriage, Matrimonial Property Act, out of community of property, South Africa Redefining Fairness: How the Constitutional Court’s Landmark Ruling Changes the Financial Landscape of Marriages Out of Community of Property in South Africa. EB (born S) v ER (born B) and Others; KG v Minister of Home Affairs and Others ZACC 32 Introduction On 10 October 2023, South Africa's Constitutional Court delivered groundbreaking… READ MORE
22/09/2023 Bertus Preller Alimony, Divorce, Interim Maintenance, Maintenance, Muslim Marriages, Rule 43, Spousal Maintenance Bertus Preller, Constitutional Court, constitutional invalidity, Divorce Act, Divorce Attorney Cape Town, Divorce Attorney South Africa, Gender Equality, legal precedent, maintenance, matrimonial property, Muslim Marriage, Pendente Lite, Rule 43, Sharia Law, South African Law, spousal support, Talaaq, Women's Legal Centre Trust Rule 43 Unveiled: How One Muslim Marriage Case Redefines Interim Spousal Support and Shakes Constitutional Ground. R.B v S.A.E.R (2023/014603) ZAGPJHC 1041 (18 September 2023) Introduction In a Rule 43 of the Uniform Rules for interim maintenance, the High Court in Johannesburg delved into the complexities… READ MORE