24/11/2023 Bertus Preller Alimony, Divorce, Interim Maintenance, Maintenance, Rule 43 Adams J order, Alimony adjustment, child support, Court judgment analysis, divorce proceedings, Family court rulings, financial disclosure, financial transparency, Income reassessment, Legal financial examination, Legal financial scrutiny, legal precedent, Maintenance litigation, Maintenance order change, Maintenance reassessment, Material change in circumstances, Nkutha-Nkontwana J, Rule 43 variation, South African Family Law, spousal maintenance Navigating Financial Disclosure: The Turning Tide in Maintenance Variation Cases – Rule 43(6) – B.W.H v S.A.H (22802/2021) [2023] ZAGPJHC 1348 (21 November 2023). Facts of the Case In this intricate legal matter, a husband (the applicant) sought a retrospective variation of a maintenance order previously issued by Adams J under Rule 43 of… READ MORE
23/11/2023 Bertus Preller Arrears Asset Concealment, Asset Discovery, Cheetah Banknotes, Court Proceedings, divorce case, divorce proceedings, Family Law, Financial Disputes, financial investigation, interim maintenance, legal battle, Legal Complexity, Legal Drama Rule 43, Legal Strategy, Mandela Coins, Marital Assets, Marital Disputes, Personal Belongings, South African Law, staying subpoena, Subpoena Uncovering Hidden Treasures in Divorce Disputes: The Tale of Mandela Coins and Mysterious Cheetah-Adorned Banknotes. Staying a Rule 43 Application. Wille J Background and Nature of the Case The case involved an application for a temporary stay of proceedings while an application to set aside a subpoena by a third… READ MORE
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
22/11/2023 Bertus Preller Alimony, Costs, Divorce, Financial Disclosure, Maintenance, Marriage, Rule 43, Spousal Maintenance 2023 legal cases, divorce proceedings, equitable settlements, family court decisions, Family Law, financial assessments in divorce, financial disclosure, interim maintenance, legal case study, legal obligations, legal transparency, maintenance applications, Marriage Dissolution, matrimonial law, P.P v V.P, Rule 43 Application, South African court ruling, spousal maintenance, spousal support Unmasking Financial Realities in P.P v V.P: A Ruling on Interim Maintenance and Rule 43 (027686/2022) [2023] ZAGPJHC 1345 (21 November 2023). Mia J Rule 43 Application Background of the Case In July 1985, the applicant and respondent were married in community of property. The applicant, who intermittently worked as a school… READ MORE
21/11/2023 Bertus Preller Adversarial Legal System, Alimony, Costs, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43, Spousal Maintenance Affidavit Analysis, Attorney Conduct, child maintenance, Condonation, Constitutional Challenges, Court Rulings, divorce proceedings, Family Law, financial disclosure, interim relief, Legal Ethics, Legal precedents, Legal Procedure, Litigation Tactics, maintenance pendente lite, Procedural Compliance, Prolixity in Affidavits, Rule 30 Challenge, Rule 43 Application, South African High Court Navigating the Complex Waters of Financial Disclosure in Rule 43 Applications and Legal Ethics: A Closer Look at a Landmark Ruling and the Conduct of the Respondent’s Attorney. I P v N P ; In re: N P v I P (16768/2023) ZAWCHC 170 (20 November 2023) Analysis of Rule 30 and Rule 43 Applications Overview of the… 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
15/11/2023 Bertus Preller Alimony, Children, Costs, Divorce, Interim Maintenance, Maintenance, Parental Rights, Rule 43, Spousal Maintenance best interests principle, Child Custody, Children's Welfare, Court Orders, divorce litigation, divorce proceedings, equitable treatment, Family Law, financial disclosure, financial imbalances., financial transparency, interim relief, legal costs contribution, maintenance pendente lite, matrimonial property, new family law case, Parental Responsibilities, Rule 43 applications, South African Law, spousal support, temporary orders Avoiding Pitfalls: Key Lessons from a Rule 43 Divorce Showdown. SN v SR (2023/036122) [2023] ZAGPJHC 1335 (14 November 2023) Introduction and Background Marriage and Separation: The applicant and the respondent had been married since 25 August 2007, out of community of property with accrual. They had two minor children.… READ MORE
14/11/2023 Bertus Preller Children, Divorce, Guardianship, Parental Rights, Views of the Child 2023, alcohol influence, best interests of children, C D v M D, child custody dispute, child's preference in custody, children's voices in custody, divorce proceedings, emotional welfare of children, family advocate involvement, Family Law, forensic investigation in custody, judicial interviews, legal aid in family law, legal representation for children, parental influence on children., Parental Responsibilities, primary care assessment, South African High Court, ZAGPPHC 1231 Listening to the Unheard: How a South African Court Prioritised Children’s Voices in a Landmark Care and Contact Decision. C D v M D (093505/2023) ZAGPPHC 1231 (7 November 2023) A. Introduction Unnecessary Litigation in Family Disputes In this case, the court highlighted the issue of unnecessary litigation in… READ MORE
02/11/2023 Bertus Preller Alimony, Arrears, Costs, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Marriage, Rule 43, Spousal Maintenance Divorce Act, divorce proceedings, financial disclosure, financial inequity, inheritance, interim maintenance, legal precedent, maintenance obligations, marital contribution, marital standard of living, non-disclosure, ophthalmologist, Rule 43, Section 7(2), South African Family Law, spousal support, Uniform Rules of Court, Urgent Application, variation order Balancing the Scales of Interim Maintenance: A South African Case Study on Inheritance and Rule 43 Orders. L.M v R.D.M (EL789/2022) ZAECELLC 32 (31 October 2023) Case Summary: The applicant, an ophthalmologist, instituted an application seeking, amongst others, variation of an Order granted by Stretch J on… READ MORE
27/10/2023 Bertus Preller Alimony, Divorce, Financial Disclosure, Maintenance, Rule 43, Spousal Maintenance CBD oils business, court judgment, cryptocurrency, deceptive practices., divorce proceedings, Dutton AJ, financial disclosure, financial responsibility, financial transparency, G[...] R[...] business, legal evaluation, maintenance claims, Marital Assets, marital obligations, matrimonial law, non-disclosure consequences, online dating expenditure, South African courts, undisclosed income, Uniform Rule 43 Unraveling Financial Deceit: A Deep Dive into the Uniform Rule 43 Disclosure Case S.K v C.A.K (D3535/2023) ZAKZDHC 78 (20 October 2023) Dutton AJ Introduction An application was made in terms of Uniform rule 43(1). In his sworn statement, the applicant had contended… READ MORE