10/10/2026 Bertus Preller Constitutional Court divorce pension, Divorce, Equitable redistribution, Marriage out of community of property without accrual, Pension Funds, Pension Funds Act 24 of 1956, Pension interest, Pension interest divorce, Redistribution Claim, Redistribution of assets divorce, Redistribution order, Section 7(3) Divorce Act, Section 7(7)(c) Divorce Act [2026] ZACC 39, accrual system exclusion, antenuptial contract pension, B 20 of 2025, Bertus Preller, Constitutional Court divorce pension, Dambuza J, declaration of invalidity not suspended, Divorce Attorney Cape Town, EB v ER, GD v Minister of Home Affairs, gender discrimination divorce, General (Family) Laws Amendment Bill, just and equitable redistribution, KG v Minister of Home Affairs, marriage out of community of property without accrual, Matrimonial Property Act 1984, Pension Funds Act divorce, pension interest divorce, pension redistribution order, post-1984 marriages, prospective order divorce, redistribution of assets divorce, section 7(3) Divorce Act, section 7(7)(c) Divorce Act, section 7(8) Divorce Act, section 9(1) Constitution, section 9(3) unfair discrimination, South African Family Law Pension Interest Now Redistributable in All Marriages Without Accrual: The Constitutional Court Strikes Down Section 7(7)(c) of the Divorce Act in GD v Minister of Home Affairs and Others (CCT 60/25) [2026] ZACC 39 (9 October 2026). The facts and the road to the Constitutional Court The applicant, Mrs D, and the third respondent, Mr D, met in 1999 and married on 25 April 2004 out of… READ MORE
03/10/2026 Bertus Preller Alimony, Child Maintenance, Clean Break Principle, Divorce, Divorce settlement agreement, Maintenance, Maintenance Act 99 of 1998, Maintenance Calculator, Maintenance termination, Pendente Lite, Post-divorce maintenance, Procedural Law, Rehabilitative maintenance, Rule 43 orders, Settlement agreements, Spousal Maintenance accrual system, Antenuptial Contract, Botha v Botha, clean break principle, Divorce Attorney Cape Town, divorce maintenance South Africa, divorce settlement, drawdown rate, earning capacity, expert evidence, family law South Africa, industrial psychologist, interim maintenance, lifelong maintenance, living annuity, maintenance after divorce, maintenance claim, partisan expert, Pendente Lite, pension interest, rehabilitative maintenance, Rule 43, Rule 43(6), section 37D Pension Funds Act, Section 7(2) Divorce Act, spousal maintenance, spousal support, trust assets divorce, Western Cape High Court No Right, Only a Discretion: Rehabilitative Maintenance, Earning Capacity and the Clean Break in H.L.B v J.B (6071/2021) [2026] ZAWCHC 561 (23 September 2026). The Facts: A Long Marriage, a R9.1 Million Settlement and a Maintenance Claim with No Tender The parties in H.L.B v J.B were married on 22 August 1998, out of… READ MORE
17/08/2026 Bertus Preller Alimony, Arrear Maintenance, Child Maintenance, Children, Contempt of Court, Divorce, Maintenance Court, Procedural Law, Rule 43 Contempt, Rule 43 orders, Spousal Maintenance ad factum praestandum, attorney and own client costs, Bannatyne v Bannatyne, committal, contempt of court, Divorce, Divorce Attorney Cape Town, dolus eventualis, emoluments attachment, Fakie v CCII Systems, family law South Africa, Firestone v Genticuro, HG v AG, interim maintenance, M.D.V v F.M.D.V, maintenance enforcement, Maintenance Order, mala fides, medical aid, Pheko v Ekurhuleni, purging contempt, reimbursement of expenses, Rule 43, spousal maintenance, Suspended Sentence, Western Cape High Court, wilfulness, Writ of Execution, ZAWCHC 411 Pay Now, Argue Never: Husband’s Selective Compliance with Rule 43 Maintenance Order Lands Him a Suspended Prison Sentence — M.D.V v F.M.D.V (2025/091265) [2026] ZAWCHC 411 (14 August 2026). The Western Cape Division has once again demonstrated that it will not tolerate maintenance debtors who treat interim maintenance orders as optional, negotiable or subject to their own private assessment… READ MORE
28/07/2026 Bertus Preller Alimony, Bystander test, Child Maintenance, Children, Consent paper rectification, Divorce, Divorce settlement agreement, Dum casta clause, Educational expenses divorce, Holiday allowance maintenance, Implied terms contract, Maintenance, Maintenance Court, Maintenance order variation, Medical expenses divorce, rReasonableness of maintenance expenses, Spousal Maintenance best interests of the child, business efficacy, bystander test, citing a trust in litigation, consent paper rectification, contempt of court maintenance, Divorce Attorney Cape Town, divorce settlement agreement, dum casta clause, educational expenses divorce, Endumeni interpretation, family law South Africa, good faith negotiation, holiday allowance maintenance, implied terms contract, maintenance disputes, maintenance order variation, medical expenses divorce, post-divorce litigation, public policy contracts, reasonableness of maintenance expenses, rectification of agreement, RJS v LAS, trustees representative capacity, upper guardian of minor children, variation of consent paper, Western Cape High Court, Wille J, ZAWCHC 377 The Limitless Gold Credit Card Myth: Why “All” Maintenance Expenses Must Still Be Reasonable — R.J.S and Others v L.A.S (A228/2025) [2026] ZAWCHC 377 (27 July 2026). The Facts: A Consent Paper and a Tsunami of Post-Divorce Litigation The judgment of Wille J in R.J.S and Others v L.A.S (A228/2025) ZAWCHC 377 (27 July 2026) arises from… READ MORE
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