23/11/2023 Bertus Preller Accrual Calculation, anti-dissipatory relief, Divorce, Marital Regimes, Settlement agreements Accrual Calculation, Antenuptial Contract, Asset Disclosure, Asset Division, Court Rulings, Divorce Law, divorce proceedings, divorce settlements, Estate Valuation, Financial Outcomes, Financial Settlements, legal implications, Legal Insights, Liability Consideration, Marital Assets., Marriage Dissolution, matrimonial property, Matrimonial Property Act, Property Valuation, South African Law Timing is Everything: The Crucial Role of Accrual Calculation Date in Divorce Cases. R.D.M v M.T.M (M608/22) [2023] ZANWHC 216 (21 November 2023). The facts of the case, as presented in the judgment, revolve around an application for the provisional sequestration of the respondent's estate, following the dissolution of a marriage under South… READ MORE
21/11/2023 Bertus Preller Alimony, Divorce, Maintenance, Spousal Maintenance Asset Division, court interpretation, Divorce Act 1979, Divorce Law, equitable settlement, financial assessment, financial settlement, Legal Analysis, legal precedent, maintenance case, marital standard of living, marriage duration, South Africa, spousal support Navigating the Complexities of Spousal Maintenance: Insights from the Landmark J.E.R (Nee O) v B.E.S – Appeal (A16/2023; 15871/16) [2023] ZAWCHC 291 (20 November 2023). Divorce Case. Facts of the Case Parties: The case involves J.E.R. (nee O), the appellant, and B.E.S, the respondent. They were married and are now undergoing divorce proceedings. Marriage Duration: The couple… READ MORE
19/11/2023 Bertus Preller Arrears, Contempt of Court, Divorce, Interim Maintenance, Maintenance, Rule 43, Settlement agreements Binding agreements, Consent Papers, court order, Court order superseding, Court Rulings, Divorce Law, divorce proceedings, divorce settlements, Enforceable agreements, Family Court, Legal advice on divorce, Legal binding, Legal dispute resolution., Legal enforceability, legal implications, Legal precedence, Marital settlements, matrimonial law, new family law cases, Non-court order settlements, Relationship contracts, settlement agreement Divorce Dilemma: Settlement vs. Court Order: Navigating the Binding Complexities in Divorce Cases. – L C v L C (2023004515) 2023 ZAGPJHC 1365 (15 November 2023). SUMMARY OF JUDGMENT A. INTRODUCTION The applicant sought to rescind a contempt of court order that had been granted by Acting Justice Moorcraft on 11 October 2022 under case number… READ MORE
26/09/2023 Bertus Preller Antenuptial Contracts, Customary Law, Divorce, Forfeiture of Benefits, Marriage, Parental Rights, Pension Funds Antenuptial Contracts, Asset Division, Bertus Preller, Counterclaims, Divorce Law, Divorce News, Family Law, Financial Obligations, Legal Pleadings, Marital Regimes, Matrimonial Properties Act, Parental Responsibilities The Art of Pleading in Divorce Cases: A Comprehensive Analysis of a recent South African Judgment. Introduction In a recent case heard by the High Court of South Africa, Gauteng Division, Pretoria M.M.A.N v J.M.S (40230/2020) ZAGPPHC 675 (11 August 2023) the plaintiff initiated legal action… READ MORE