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
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
02/07/2023 Bertus Preller anti-dissipatory relief, Divorce, Interdict Bertus Preller, close corporation, Divorce, Divorce Attorney Cape Town, Divorce Attorney South Africa, divorce proceedings, husband, interdict, legal victory, matrimonial property, matrimonial residence, property dispute, selling property, urgent relief, wife Securing the Marital Home: A Legal Victory Halting the Sale of a Matrimonial Property Amid Divorce Proceedings MS v MJ GAUTENG HIGH COURT JOHANNESBURG CASE NUMBER 2022/218731 - 13 June 2023 Introduction In this case the Applicant had sought urgent relief, aimed at prohibiting the First and… READ MORE
29/05/2023 Bertus Preller Divorce, Forfeiture of Benefits, Marriage, Pension Funds adultery, Bertus Preller, Divorce, Divorce Attorney South Africa, Divorce News, extra marital affair, Family Law, gross misconduct How a Wife Shielded Her Pension from a Cheating Husband’s Grasp in Landmark Divorce Case. Supreme Court of Appeal of South Africa - M v M (022/2022) ZASCA 75 (26 May 2023). This case pertained to a divorce proceeding and the subsequent appeal. The main… READ MORE
24/05/2023 Bertus Preller Alimony, Cohabitation, Divorce, Maintenance, Marriage, Spousal Maintenance Bertus Preller, Divorce, Divorce Attorney South Africa, Divorce News, dum casta clause, new divorce case, spousal maintenance, spousal maintenance case Unveiling the Dum Casta Clause: Ex-Wife’s Spousal Maintenance Rights Revoked Due to Cohabitation after Divorce. M.M.L v J.J.L (A66/2023) ZAFSHC 170 (18 May 2023) This appeal had its origins in an application that was pursued in the Maintenance Court for the district of Bethlehem ("the… 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
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
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
29/01/2022 Bertus Preller Divorce, Financial Disclosure Divorce Attorney Cape Town, Divorce Attorney South Africa, financial disclosure Hiding Assets in a Divorce. In the Supreme Court of Appeal case of DEB v MGB 2014 ZASCA 137, the court expressed its displeasure of parties in divorce proceedings who does not properly disclose their… READ MORE