24/10/2023 Bertus Preller Children, Divorce, Interim Maintenance, Maintenance, Parental Rights, Rule 43, Views of the Child Bertus Preller, Child Custody, Court Decisions, Divorce Attorney Cape Town, Divorce Attorney South Africa, divorce proceedings, Family Law, Family Lawyers, financial disclosure, High Court, Legal Costs, Legal Diligence, Legal Ethics, legal implications, legal precedent, Legal Procedures, Legal Requirements, maintenance pendente lite, Minor Children, Office of the Family Advocate, Parental Responsibilities, Practice Directives, Rule 43, South Africa, views of the child Setting the Standard: A Comprehensive High Court Judgment on Family Law That Redefines Attorney Conduct and The Views of the Child. C.T v T.E.T (9685/2022) ZAWCHC 262 (13 October 2023) Court and Case Details The case was heard in the High Court of South Africa, Western Cape Division, Cape Town, presided… 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
04/10/2023 Bertus Preller Adversarial Legal System, Children, Divorce, Marriage, Parental Rights, Rule 43 Adversarial Proceedings, Bertus Preller, Child-Centric Divorce, Divorce Attorney Cape Town, Divorce News, Document Submissions, Family Law, High Court Judgment, Legal Narrative, Marital Discord, Parental Coordination, Psychological Intervention, Rule 43 Untangling the Web of Adversary: A High Court Cry for Child-Centric Divorce Proceedings. D.W.A v C.A - Rule 43 Application (1126/2022) ZAECQBHC 53 (26 September 2023) In a recent judgment emanating from the High Court of South Africa, Eastern Cape Local Division - Gqeberha,… READ MORE
28/09/2023 Bertus Preller Adversarial Legal System, Children, Divorce, Hostile Family Lawyers, Marriage, Parental Rights adversarial dynamics, aggressive legal practices, Bertus Preller, co-parenting challenges, contempt application, Divorce, Divorce Attorney Cape Town, Divorce News, divorce proceedings, Family Law, judicial authority, legal procedural norms, Manamela v Maite case, spoliation order The Detrimental Ripple: Unveiling the Impact of Aggressive, Subjective, and Misguiding Legal Practices on Divorce Proceedings and Co-Parenting. Case Study: Manamela v Maite (2023/055949) ZAGPJHC 1011 (6 September 2023) Introduction In the realm of legal practice, the case of Manamela v Maite in the High Court Johannesbutg presents… 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
22/09/2023 Bertus Preller Abuse, Alimony, Children, Divorce, Financial Disclosure, Forfeiture of Benefits, Maintenance, Marriage, Parental Rights, Pension Funds, Settlement agreements, Spousal Maintenance Asset Division, Bertus Preller, Children's Welfare, court order, Divorce, Divorce Attorney Cape Town, Divorce News, Family Law, Legal Costs, maintenance, Marriage Dissolution, Parental Responsibilities, Pension Forfeiture, Property Valuation, Questionable Conduct, Settlement, South African Law, spousal support When Love Goes Sour and Assets Get Tangled: How One Husband’s Questionable Conduct, Refusal to Settle, and Legal Maneuvering Shaped a Divorce Ruling. N.S v M.F.S (20/27078) ZAGPJHC 1044 (19 September 2023) Litigation History The Defendant represented himself, while the Plaintiff had legal representation. The Defendant filed 12 applications against the Plaintiff, most… READ MORE
20/09/2023 Bertus Preller Abuse, Alienation, Children, Divorce, Marriage, Parental Rights Bertus Preller, Divorce, Divorce Attorney Cape Town, Divorce News, Family Law Family Lawyers on Notice: The Role of the Vexatious Proceedings Act in Curbing Frivolous Litigation and Unethical Conduct. N.K and Another v B.B (30472/21) ZAGPJHC 1025 (15 August 2023 The Application In this application, the first applicant (the ex-husband) and the second applicant (the new wife of the… READ MORE
28/08/2023 Bertus Preller Abuse, Alienation, Children, Parental Rights, Relocation Applicant, Bertus Preller, Child Custody, contempt of court, costs, court order, Divorce, Divorce Attorney Cape Town, Divorce News, divorce proceedings, Family Advocate, Family Law, Imprisonment, Interim Protection Order, legal battle, Mala Fide, Malice, minor child, non-compliance, Parental Rights, relocation, Respondent, Warrant Issued When Parental Rights Clashed with Court Orders: The Urgent Contempt of Court Case of Ruan. P.J.B v E.B (5955/2023) ZALMPPHC 56 (24 July 2023) Introduction In a follow-up to a previous urgent court order concerning joint parental rights, the applicant, known as Ruan, had launched… READ MORE
27/08/2023 Bertus Preller Alimony, Arrears, Divorce, Financial Disclosure, Maintenance, Marriage, Pension Funds, Spousal Maintenance, Trusts Annuities Tax Implications, Appeals Court, Asset Base, Bertus Preller, Burden of Proof, Case Law, Cost of Appeal, Divorce Attorney Cape Town, Divorce News, divorce settlement, Economic Uncertainty, Elderly Parties, Family Law, Financial Circumstances, Judgment Reversal, legal precedent, Legal Thresholds, maintenance, Maintenance Order, Pacta Sunt Servanda, South African Law, Trustee, Variation Application CHANGING FORTUNES, UNCHANGED OBLIGATIONS: HOW A COURT ON APPEAL WEIGHED FINANCIAL CIRCUMSTANCES IN VARIATION OF A MAINTENANCE ORDER L.J v P.H.A.J (HCA35/2022) ZALMPPHC 49 (18 July 2023) INTRODUCTION This case was an appeal to the High Court Limpopo Division against the rulings made by an Acting Magistrate, who… READ MORE
27/07/2023 Bertus Preller Alimony, Children, Divorce, Interim Maintenance, Maintenance, Parental Rights, Rule 43, Spousal Maintenance, Trusts Adequate Housing, Bertus Preller, child maintenance, Children's Act 38 of 2005, Constitutional Rights, Contact rights, court order, Divorce Attorney Cape Town, Divorce News, divorce proceedings, Equality of Arms, Family Law, financial disclosure, Legal Costs, maintenance, Maintenance Order, Marital Assets, Parental Responsibilities, Primary Residency, right to dignity, Rule 43, South African Law, spousal support Equality of Arms Upheld: Court Orders Husband to Contribute R805,903 Towards Wife’s Legal Costs in Rule 43 Proceedings. Y.M v T.J.M (26526/2022) ZAGPPHC 582 (13 July 2023) The case involved a dispute between two parties identified as Y.M. and T.J.M. This was an application in terms of Rule… READ MORE