09/01/2023 Bertus Preller Common Law Marriage in South Africa, Common Law Wife, Life Partnerships, Living Together, Universal Partnership Civil Partnership, cohabitation, cohabitation agreement, common law marriage in South Africa, Divorce, Divorce Attorney Cape Town, Family Law cases, Family Law News, family law news South Africa, universal partnership Judge finds a Universal Partnership in a Cohabitation Relationship Introduction In the recent case of LM v RK ZAWCHC 1; 1 All SA 738, Nziweni AJ found that a universal partnership existed in a cohabitation relationship. Living together does… READ MORE
06/01/2023 Bertus Preller Children, Divorce, Maintenance, Relocation adversarial litigation, Bertus Preller, Divorce Attorney Cape Town, Divorce Attorney South Africa, Family Law, Family Law Attorney conduct, Family Lawyer, Family Lawyer conduct The Conduct of Family Lawyers In my previous post I did a case summary of the matter of DD v DHE an application which dealt with the relocation of a minor child from South Africa… READ MORE
21/12/2022 Bertus Preller Alimony, Cohabitation, Common Law Marriage in South Africa, Common Law Wife, Interim Maintenance, Life Partnerships, Living Together, Maintenance, Rule 43 cohabitation, Cohabitation contracts, common law marriage, common law marriage in South Africa, common law wife, Divorce Attorney Cape Town, ex lege duty of support between life-partners, Family Law, Family Law cases, Family Law News, life partnerships, life-partnership, maintenance and life partnerships THE COMMON LAW MARRIAGE IN SOUTH AFRICA NEW DEVELOPMENTS – PART TWO OF FOUR. In Part One, which can be read here, I dealt with developing the common law in regard to maintenance for partners in heterosexual permanent Life Partnerships / Cohabitation/ Common Law… READ MORE
16/12/2022 Bertus Preller Alimony, Cohabitation, Common Law Wife, Interim Maintenance, Maintenance, Rule 43 cohabitation, common law marriage, common law wife, Divorce Attorney Cape Town, Domestic Partnerships, ex lege duty of support between life-partners, maintenance, permanent opposite-sex life-partnership THE COMMON LAW MARRIAGE IN SOUTH AFRICA NEW DEVELOPMENTS. PART ONE OF FOUR INTRODUCTION In an earlier article I wrote about a landmark case, due to be heard by 3 Judges in the Cape High Court on 20 January… READ MORE
02/12/2022 Bertus Preller Alimony, Arrears, Maintenance arbitration, arbitration clause, Bertus Preller, Divorce, Divorce Attorney Cape Town, Divorce News, divorce settlement agreement, maintenance, maintenance court Maintenance Court’s Jurisdiction Ousted by Arbitration Clause in a Divorce Settlement Agreement. In a recent unreported case, WJVJ vs EVJ and Capitec Bank, case number A58 of 2022 the High Court in Bloemfontein, in an appeal against a judgement of the Maintenance… READ MORE
05/10/2022 Bertus Preller Arrears adultery, Bertus Preller, cheating wife, Divorce, Divorce Attorney Cape Town, divorce case, Divorce News, forfeit assets, infidelity Cheating wife forfeits benefits in divorce. In a recent unreported CMM v AMSM, case number 13966/2020, in the Gauteng High Court, Makhoba J ruled that the wife forfeited her share of the communal estate due to… READ MORE
11/08/2022 Bertus Preller Divorce, Financial Disclosure, Trusts Bertus Preller, Divorce Attorney Cape Town, Divorce Attorney South Africa, Family Law, Trusts and divorce Supreme Court of Appeal finds Trust Assets Not Part of Accrual – Divorce. MJ K v II K (360/2021) ZASCA 116 This appeal to the Supreme Court of Appeal (SCA) was about a divorce case where the parties were married out of community… READ MORE
25/06/2022 Bertus Preller Divorce, Financial Disclosure, International Divorce, Trusts Bertus Preller, Divorce, Divorce Attorney Cape Town, Divorce Attorney South Africa, Family Law, New Case on Trusts and Divorce, Trusts and divorce Hiding Assets in a Trust during Divorce P A F v S C F (788/2020) ZASCA 101 (22 June 2022). In a wealthy Durban businessman's divorce case, it was found that he had tried to hide R5.5… READ MORE
12/02/2022 Bertus Preller Children, Maintenance Bertus Preller, child maintenance, child support, Divorce, Divorce Attorney Cape Town, divorce order, Family Law, magistrates court, maintenance, maintenance appeal, maintenance court, maintenance writ, prescription Man ordered to pay R3 million in maintenance 29 years after divorce In the case of Simon Roy Arcus v Jill Henree Arcus (4/2021) ZASCA 9 the Supreme Court of Appeal dealt with the interpretation of s 11(a)(ii) of the Prescription Act 68… READ MORE
30/01/2022 Bertus Preller International Divorce Bertus Preller, Divorce Attorney Cape Town, Divorce Attorney South Africa, Divorce News, UK Divorce, Wales Divorce New Law – No Fault Divorce England and Wales Lawyers in England and Wales are getting ready for an increase in divorce cases given new legislation allowing couples to end their marriage without having to pin the blame on… READ MORE