21/07/2023 Bertus Preller Abuse, Alienation, Children, Divorce Bertus Preller, Child Custody, Child Psychology, child welfare, Child's Best Interests, Court Rulings, Divorce, Divorce Attorney Cape Town, Divorce News, Family Court, Family Law, legal precedent, Parental Alienation Syndrome, Parental Responsibilities, Protective Measures, Psychological Impact, South African Family Law, Therapeutic Interventions, ZAGPJHC 2023 Parental Alienation Syndrome and Its Impact on Children: Insights from a Recent South African Case D, TE v G, B (015642/2022) ZAGPJHC --- (13 July 2023) SUMMARY This case pertains to family law and involves an urgent application. The child's best interests are the primary… READ MORE
08/07/2023 Bertus Preller Children, Divorce, Marriage, Parental Rights, Relocation Bertus Preller, Best interests of the minor children, Children Act 38 of 2005, Contact rights, Divorce, Divorce Attorney Cape Town, Divorce News, Divorce process, High Court Johannesburg, Lack of urgency, MVN v MN case, Passport and visa application, Pending custody and access application, Regional Court Springs, Relocation to Ireland, Rule 58 application, Termination of parental responsibilities and rights, Urgent application dismissal From South Africa to Ireland: The Relocation Battle That Lacked Urgency. MVN v MN case number 060071/23, High Court in Johannesburg - 30 June 2023 On the 21st of June 2023, the Applicant (wife) brought an urgent application against the Respondent… READ MORE
01/07/2023 Bertus Preller Children, Cohabitation, Life Partnerships, Living Together, Parental Rights, Same Sex Couples artificial fertilisation, Bertus Preller, best interests of the child, Children’s Act 38 of 2005, Children’s Court, Constitutional Court, constitutional defects, constitutional invalidity, discrimination, Divorce Attorney Cape Town, Divorce News, Family Law, family life, marital status, parental rights and responsibilities, Parliament, permanent life partners, remedy, right to dignity, sexual orientation Landmark Ruling: South Africa’s Constitutional Court Declares Section 40 of the Children’s Act Unconstitutional, Affirming Parental Rights for Same-Sex Couples. VJV AND ANOTHER v MINISTER OF SOCIAL DEVELOPMENT AND ANOTHER ZACC 21 - 29 JUNE 2023 The Constitutional Court ruled on an application for validation of a constitutional invalidity that… READ MORE
01/07/2023 Bertus Preller Children, Life Partnerships, Living Together, Relocation best interests of minor children, cohabitation, Constitutional Court, discrimination, Divorce, Divorce Attorney Cape Town, Divorce News, equality, human dignity, landmark judgement, married parents, Mediation in Certain Divorce Matters Act 24 of 1987, never-married parents, Office of the Family Advocate, Section 4, South Africa, South African Constitution relocation Landmark Constitutional Court Ruling: Equal Access to Family Advocate Services for All Parents in South Africa. CENTRE FOR CHILD LAW V T S AND OTHERS ZACC 22 - 29 June 2023 THE FACTS The facts of the Centre for Child Law v T S and Others… 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
21/04/2023 Bertus Preller Alimony, Interim Maintenance, Maintenance, Marriage, Rule 43, Trusts Divorce, Divorce Attorney Cape Town, Divorce News, Family Law, interim maintenance, maintenance, new case law, Rule 43 Rule 43 Application – Husband’s wealth managed in a Trust taken into consideration. Wife succeeds in claiming R 200 000 per month. S, G N v L, J (Case No: 2023/004861) ZAGPJHC 336 (12 April 2023) The applicant approached the court in terms of Rule 43, seeking interim maintenance and a contribution… READ MORE
13/04/2023 Bertus Preller Divorce, Financial Disclosure, Marriage, Pension Funds Bertus Preller, Divorce, Divorce Attorney Cape Town, Divorce News, Family Law, pension fund, pension fund and divorce HUSBAND RESIGNED FROM PENSION FUND BEFORE DIVORCE – COURT FOUND APPLICANT CANNOT CLAIM AGAINST HIS PENSION. C.N.N v N.N (2021/11607) ZAGPJHC 208 (23 February 2023) INTRODUCTION There is no adequate legal framework that allows non-member spouses to claim portions of the benefits directly from the funds… READ MORE
08/04/2023 Bertus Preller Alimony, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43 contribution to costs, Divorce, Divorce Attorney Cape Town, Divorce News, maintenance, Rule 43 Rule 43 Application and a Contribution to Costs – Recent Case. Y.B v L.B (5413/2020) ZAGPPHC 185 (28 March 2023) The premise was that the disadvantaged litigant should be assisted to get to a position of equality of arms with her… READ MORE
21/03/2023 Bertus Preller Alimony, Forfeiture of Benefits, Interim Maintenance, Maintenance, Rule 43 Bertus Preller, Divorce, Divorce Attorney Cape Town, Divorce News, Family Law, interim maintenance, Rule 43 A Rule 43 application is not meant to provide an interim maintenance meal ticket to an Applicant. In the case of B.R v D.R (14189/2022) ZAWCHC 59, Kusevitsky J found that Rule 43 proceedings was not meant to provide a meal ticket for interim maintenance pending divorce.… READ MORE