15/01/2026 Bertus Preller Accrual Calculation, Accrual Calculator, Accrual claims, Accrual system, Divorce, Eviction, PIE Act, Procedural Law, Procedure accrual claim, accrual disputes, accrual system, constitutional arguments, contingent rights, conveyancing law, divorce and property, divorce litigation, doctrine of notice, eviction defence, eviction proceedings, family law practitioners, finality in litigation, leave to appeal, matrimonial home, matrimonial property, PIE Act, property ownership, property transactions, reconsideration applications, registered ownership, section 17(2)(f), South African Family Law, spousal occupation, Superior Courts Act, Supreme Court of Appeal, third party purchasers, transfer of property Accrual Rights, Ownership and Eviction: Clear Limits on Spousal Claims Before Divorce — J.M.M and Another v Cara Dorothy Masureik and Others (807/2024) [2026] ZASCA 1 (8 January 2026). Factual Background and Procedural History The matter in J.M.M and Another v Cara Dorothy Masureik and Others arose from protracted and unresolved divorce proceedings between the first applicant and her… READ MORE
31/07/2025 Bertus Preller Accomodation, Financial Disclosure, Maintenance, Procedure, Rule 43, Rule 43 Cost Contributions, Rule 58, Variation Rule 43(6) child custody interim, child support interim, contempt of court, custody arrangements, divorce attorneys, divorce legal costs, divorce litigation, divorce mediation, divorce proceedings, divorce South Africa, family court procedures, family law South Africa, Family Lawyers, High Court rules, interim maintenance, interim orders, interim relief applications, Legal Separation, maintenance court, maintenance enforcement, maintenance variation, marital dissolution, matrimonial law, matrimonial relief, Pendente Lite, Rule 43, separation maintenance, spousal maintenance, spousal support, temporary alimony Rule 43 Explained: The Complete Guide to Interim Divorce Relief and Maintenance in South Africa. Legal Framework and Purpose of Rule 43 Rule 43 of the Uniform Rules of Court provides an expeditious mechanism for interim relief in matrimonial matters pending the finalisation of a… READ MORE
30/07/2025 Bertus Preller Divorce, Divorce summons South Africa, Irregular proceedings, Mediation, Procedural Law, Rule 30(2)(b) application, Rule 41A mediation notice Alternative Dispute Resolution, court rules, curable defect, Divorce Law, divorce litigation, divorce proceedings, Divorce process, divorce summons South Africa, divorce summons validity, Family Court, family disputes, Growthpoint case, irregular proceedings, legal remedies, Legal Technicalities, litigation procedure, mediation consideration, mediation notice omission, mediation notice requirements, non-compliance Rule 41A, Procedural Compliance, procedural defects, procedural irregularity, Rule 30 application, Rule 30(2)(b) application, Rule 41A mediation notice, South African courts, South African Family Law, Uniform Rules of Court Rule 41A Mediation Notices in Divorce: Why Missing Notices Don’t Kill Your Case. Introduction Rule 41A of the Uniform Rules of Court, introduced in 2020, mandates that litigants consider mediation at the inception of litigation. In divorce actions, this means a plaintiff must… READ MORE
20/07/2025 Bertus Preller Caveat Subscriptor, Contractual repudiation, Divorce, Pacta sunt servanda, Procedural Law, Recission of Divorce Orders, Settlement agreement finality, Settlement agreements, Validity Divorce Settlement Agreement Auckland Park case, caveat subscriptor, child maintenance, contractual interpretation, contractual repudiation, Divorce Act 70 of 1979, Divorce Decree, divorce litigation, divorce proceedings, divorce settlement agreement, family law practice, George v Fairmead, High Court Gauteng, Legal Representation, maintenance agreements, matrimonial property, Natal Joint Municipal Pension Fund, Pacta Sunt Servanda, Parental Rights, post-signature regret, property forfeiture, settlement agreement validity, settlement negotiations, South African Family Law, spousal maintenance, undue influence, Van der Schyff J, vitiating factors, witness attestation Caveat Subscriptor Strikes Again: When Post-Signature Regret Meets Divorce Reality in O.M.L v S.S.L (10528/2022) [2025] ZAGPPHC 712 (16 July 2025). The Factual Matrix: When Signatures Tell a Different Story The factual backdrop of this matter presents a curious tale of matrimonial dissolution that would make any family law practitioner pause.… READ MORE
29/06/2025 Bertus Preller Abuse of Process, Alienation, Best Interests of the Child, Children, Children's Court, Costs, Divorce, Family Advocate, Joint Decision Making, Maintenance, Parental Alienation, Parental Rights, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance, Variation Rule 43(6) B.P.M v J.L.M, best interests of the child, child contact, co-parenting, Colman v Colman, Contact rights, custody variation, divorce litigation, Du Preez v Du Preez, Family Advocate, family advocate report, family law South Africa, forensic psychologist, High Court Limpopo, interim maintenance, Mangena AJ, parental alienation, parenting plans, PAS, Rule 43 Application, Rule 43(6), shared residency, Soller v G, South African divorce law, spousal maintenance, spousal support South Africa, Variation Application, Visser v Visser, ZALMPPHC 96 Parental Alienation, Prolixity and the Best Interests Principle in B.P.M v J.L.M (1909/2024) [2025] ZALMPPHC 96 (13 May 2025). Background and Factual Matrix of the Rule 43(6) Dispute The matter before the court in B.P.M v J.L.M (1909/2024) ZALMPPHC 96 (13 May 2025) concerned a Rule 43(6) application brought… READ MORE
06/05/2025 Bertus Preller Divorce, Interim Maintenance, Maintenance, Procedure, Rule 43, Separation Applications case analysis, convenience requirement, convenience test, court judgment, Divorce Decree, divorce litigation, divorce proceedings, divorce strategy, financial prejudice, irretrievable breakdown, Judicial Discretion, judicial economy, KwaZulu-Natal High Court, Legal Framework, legal implications, marital status, Marriage Dissolution, matrimonial disputes, matrimonial property, matrimonial rights, Mossop J, piecemeal litigation, prejudice assessment, proprietary consequences, Rule 43 Application, separation of issues, South African Family Law, spousal maintenance, Uniform Rule 33(4) “Shackled or Separated? High Court Dismisses Rule 33(4) Application in A.K v R.N (D6036/2023) [2025] ZAKZDHC 15 (30 April 2025)”. Introduction to A.K v R.N: A Case of Separation of Issues in Divorce Proceedings In the recent case of A.K v R.N (D6036/2023) ZAKZDHC 15 (30 April 2025), the KwaZulu-Natal… READ MORE
20/03/2025 Bertus Preller Arrears Antenuptial Contract, attachment order, civil imprisonment, contempt of court, contempt sanctions, divorce litigation, divorce proceedings, family law judgment, financial affordability, interim maintenance, Judicial Discretion, Justice Bhoopchand, maintenance arrears, maintenance enforcement, maintenance obligations, maintenance payment shortfall, Mala Fide, Maurice Phillips Wisenberg, non-compliance, paediatricians divorce, parental obligations, PPS order, retirement annuity, Rule 43 Order, South African Family Law, Suspended Sentence, trust fund mechanism, Western Cape High Court, wilful contempt, willfulness in contempt Trust Fund Technicality: How R.A v I.K (8953/2020) [2025] ZAWCHC 123 (19 March 2025) Redefines Contempt in Maintenance Orders. Background: The Tumultuous Divorce Proceedings Leading to the Contempt Application The case of R.A v I.K (8953/2020) ZAWCHC 123 (19 March 2025) provides a compelling glimpse into the often complex… READ MORE
30/01/2025 Bertus Preller Costs, Divorce, Financial Disclosure, Procedural Law, Section 7 Matrimonial Properties Act accrual system, acting justice friedman, asset declaration, Asset Disclosure, beneficial ownership, catch-me-if-you-can principle, company assets, constitutional powers, corporate structures, disclosure obligations, divorce litigation, divorce procedure, divorce proceedings, divorce tactics, financial disclosure, financial transparency, Gauteng High Court, High Court Judgment, interlocutory applications, Judicial Discretion, legal precedent, matrimonial law, matrimonial property, Matrimonial Property Act, Practice Directive, Rule 33(4), Rule 43, section 7 notice, separation application, South African Law, Trust assets Playing Hide and Seek with Assets? High Court Says ‘Game Over!’ – D.M v D.M (2021 043212) [2025] ZAGPJHC 31 (28 January 2025). The Novel Question: When Must a Spouse Comply with a Section 7 Notice? When it comes to financial disclosure in divorce proceedings, some spouses treat their assets like a magician's… READ MORE
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