29/11/2024 Bertus Preller Divorce, Procedure, Redistribution Claim amendment applications, amendment costs, amendment of pleadings, amendment rules, civil procedure, court amendments, Court Applications, court process, court rules, divorce amendments, divorce claims, divorce courts, Divorce Law, divorce litigation, divorce pleadings, divorce proceedings, High Court judgments, Judicial Discretion, legal amendments, legal developments, Legal Procedure, matrimonial property, pending divorces, pleadings procedure, procedural law, property claims, property redistribution, redistribution claims, Rule 55A Amending Divorce Pleadings: RVB v JVB (A92/2024) [2024] ZAFSHC Opens Door for Redistribution Claims. Background: Marriage and Divorce Proceedings In October 2009, a couple embarked on their marital journey with a clear legal framework in place. They entered into an antenuptial contract that explicitly… READ MORE
01/11/2024 Bertus Preller Contempt of Court, Costs, Divorce, Hiding Assets, International Divorce, Procedure, Settlement agreements asset distribution, civil debt, civil imprisonment, civil procedure, constitutional law, contempt of court, court authority, Court Orders, cross-border enforcement, debt enforcement, Divorce Act, divorce litigation, divorce settlement, doctrine of effectiveness, emigration consequences, foreign jurisdiction, international debtor, international divorce, international enforcement, jurisdiction, Justice Wille, Legal Jurisdiction, maintenance arrears, maintenance obligations, matrimonial property, monetary judgments, nulla bona, Saudi Arabia, South African Law, Western Cape High Court From Cape Town to Saudi: Why Your Ex Can’t Be Jailed Abroad – V.L v O.C.V (11677/2006 ; 18206/2007) [2024] ZAWCHC 338 (29 October 2024). Background: A 17-Year-Old Divorce Settlement Gone Wrong Picture this: A divorce settlement from 2006, a respondent who jetted off to Saudi Arabia, and an ex-spouse wielding a court order like… READ MORE
24/08/2024 Bertus Preller Accrual Calculation, Antenuptial Contracts, Antenuptial Contracts, Commencement Values, Division of Estate, Divorce, Pacta sunt servanda, Prenuptial Afreement accrual claims, accrual system, antenuptial agreements, Antenuptial Contracts, asset valuation, commencement values, conclusive proof, court judgments, divorce litigation, divorce proceedings, Family Law, financial disclosure, financial transparency, forensic accountants, Legal Framework, legal interpretation, Manelis case, matrimonial assets, Matrimonial Property Act, matrimonial property law, Maxted v Maxted, Olivier v Olivier, prima facie proof, property settlements, Section 6, South African Law, spousal maintenance, Thomas v Thomas, TN v NN Accurate Commencement Values in Antenuptial Contracts: Legal Interpretations and Implications Explored in TN v NN and Others 2018 (4) SA 316 (WCC). The Purpose and Role of Commencement Values in Antenuptial Contracts Commencement values play a crucial role in the implementation of the accrual system in South African matrimonial property law. As… READ MORE
27/07/2024 Bertus Preller Alimony, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance court judgments, Divorce, divorce litigation, Family Law, financial assessment, financial disclosure, full disclosure, interim maintenance, interim relief, legal precedent, Legal proceedings, marital property, matrimonial assets, matrimonial disputes, Mediation, Rule 43, South Africa, spousal support, Uniform Rules of Court Full Disclosure and Reasonableness: Key Lessons from M.Y v J.Y (2024/013982) [2024] ZAGPJHC 684 in Rule 43 Applications (26 July 2024). Background: A Short-Lived Marriage Leads to Rule 43 Application The case of M.Y v J.Y (2024/013982) ZAGPJHC 684 (26 July 2024) revolves around a Rule 43 application filed by the… READ MORE
22/03/2024 Bertus Preller Accrual Calculation, Antenuptial Contracts, Divorce accrual system, Antenuptial Contract, asset calculation, Asset Division, commencement assets, commencement value, contractual terms, court judgment, Divorce, divorce litigation, estate accrual, Estate Valuation, Family Law, Financial Disputes, Legal Analysis, legal interpretation, legal precedent, marital agreements, Marriage Dissolution, matrimonial property, property exclusion, South African Law, spousal rights, T.N v N.G Commencement Values in Divorce: Analysing T.N v N.G (formerly N) and Others (18159/2013) [2018] ZAWCHC 29; 2018 (4) SA 316 (WCC) (12 March 2018) and the Impact on Antenuptial Contract Interpretation in South Africa. Introduction and Facts In the case of T.N v N.G (formerly N) and Others, the Western Cape Division of the High Court in Cape Town presided over a divorce action… READ MORE
26/02/2024 Bertus Preller Alimony, Antenuptial Contracts, Child Maintenance, Children, Costs, Divorce, Interim Maintenance, Maintenance, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance accrual system, Asset Division, best interests of children, child maintenance, Court Decisions, court ruling, Divorce, divorce litigation, Equality of Arms, equitable distribution, Family Court, Family Law, financial disparity, Financial Disputes, interim relief, Legal Costs, legal obligations, legal principles, Legal proceedings, Legal Representation, maintenance determination, marital breakdown, marital standard of living, matrimonial assets, Parental Responsibilities, Rule 43, South Africa, spousal maintenance, Uniform Rules of Court Deciphering Divorce: A Rule 43 Ruling on Maintenance and a Contribution to Legal Costs – M Q v V S (0221062023) 2024 ZAGPJHC 188 (23 February 2024). Introduction to the Application for Maintenance and Legal Contributions In this Rule 43 application the court was presented with an intricate application concerning the financial sustenance and legal cost contributions… READ MORE
27/01/2024 Bertus Preller Abuse, Adultery, Coercive Control, Costs, Divorce, Emotional Abuse, Financial Abuse, Forfeiture of Benefits, In Community of Property, Infidelity, Physical Abuse, Psychological Abuse, Reasons for Dicorce Asset Division, asset forfeiture in divorce, court evidence, court judgments, divorce case analysis, Divorce Law, divorce litigation, divorce outcomes, divorce settlements, equitable distribution, extra-marital affairs, family court dynamics, family law case studies, forfeiture, legal implications, Legal proceedings, Legal Strategy, marital breakdown, Marriage Dissolution, matrimonial conduct, matrimonial disputes, patrimonial benefits, personal conduct, physical abuse, protection orders, South African Family Law, spousal allegations, spousal behavior, spouse behavior in divorce Infidelity, Abuse, and Forfeiture: Behind the Gavel – Deciphering the Role of Personal Conduct in Divorce Outcomes in South African Courts. – M.F.B v J.B (5674/2016) [2024] ZALMPPHC 7 (24 January 2024). Background and Claims In the case presided over by Naude-Odendaal J, the Plaintiff M.F.B filed for divorce against the Defendant J.B on 23 November 2016. The Plaintiff sought a decree… READ MORE
27/01/2024 Bertus Preller Alimony, Children, Costs, Maintenance, Parental Rights, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance acrimonious divorce, Asset Division, Child Custody, child maintenance, children's act, Constitutional Rights, court judgment, Divorce, divorce litigation, divorce settlement, Family Advocate, Family Court, Family Law, family trust, financial dependence, financial disclosure, interim maintenance, Legal Costs, Legal Fees, Legal Representation, marital property, marital regime, matrimonial disputes, Mediation, Rule 43, Separation, South Africa, spousal support, Uniform Rules of Court Unravelling the Tangles of Divorce: A South African Rule 43 – Case Study on Interim Maintenance and Legal Costs – T.C v B.C (21300/2022) [2024] ZAGPJHC 48 (25 January 2024). Background In this case, presided over by Mahomed AJ, an application was made for interim maintenance and a contribution toward legal costs, in line with Rule 43 of the Uniform… READ MORE
12/01/2024 Bertus Preller Costs, Divorce, Interim Maintenance, Maintenance, Rule 43, Rule 43 Cost Contributions A.F v M.F, Case Law, constitutional principles, contribution quantum, divorce litigation, Equality of Arms, EVG v AJJV, fairness in divorce, Family Law, financial disparity, gender dynamics, interim maintenance, J.K v E.S.K, Judicial Discretion, L.B v D.F.B, Legal Costs, legal expenses, Legal Representation, matrimonial disputes, matrimonial support, past legal costs, Rule 43, South African Law, technological advancements Understanding Rule 43: The Framework for Legal Cost Contributions in Divorce Litigation. INTRODUCTION In the realm of matrimonial law, Rule 43 of the Uniform Rules of Court stands as a pivotal mechanism, designed to address the financial imbalances that often arise during… READ MORE
01/12/2023 Bertus Preller Children, Divorce Court Applications, Court Decisions, Divorce Cases, Divorce Law, divorce litigation, divorce proceedings, Divorce Trials, Expedient Resolution, Fair Legal Process, Family Court, Judicial Discretion, Legal Issues, Legal proceedings, Legal Separation, Legal Separation Process, matrimonial law, Rule 33(4), Separation Applications, South African Law, Uniform Rules of Court Understanding Separation Applications in Divorce Proceedings: Navigating Rule 33(4) of the Uniform Rules of Court – M.D.A.P.G.S v L.M.D.S (2021/47489) [2023] ZAGPJHC 1373 (24 November 2023). In a recent judgment, the court addressed an interlocutory application concerning a divorce case in South Africa. The application, based on rule 33(4) of the Uniform Rules of Court, sought… READ MORE