24/10/2024 Bertus Preller Adversarial Legal System, Best Interests of the Child, Child Maintenance, Children, Costs, Divorce, Family Law Court System South Africa, Financial Disclosure, Maintenance, Parental Rights, Procedural Law, Settlement agreements, Shared Residency attorney misconduct, attorney responsibility, Children's Best Interests, children's act, court officers, court protocols, court upper guardian, Divorce Act, Divorce Law, divorce maintenance, divorce proceedings, divorce settlements, family advocate investigations, Family Advocate role, Family Law, High Court judgments, judicial criticism, Legal Ethics, legal fees disallowed, legal practice standards, legal practitioner duties, maintenance obligations, professional boundaries, professional conduct, shared custody, shared residency, unopposed divorce, WhatsApp communication Attorney’s WhatsApp Blunder Costs Fees in Shared Residency Battle – P.V.Z v L.V.Z (047502/2024 ; 36830/2022 ; 064524/2023) [2024] ZAGPPHC 1046. Shared Residency: Not Always the Default Solution for Divorced Parents In a groundbreaking judgment delivered by Acting Judge Haupt in P.V.Z v L.V.Z (047502/2024; 36830/2022; 064524/2023) ZAGPPHC 1046, the Gauteng… READ MORE
20/07/2024 Bertus Preller Child Maintenance, Divorce, Marital Regimes, Pension Funds accrual system, Arrear Maintenance, Asset Division, Case Law, community of property, Court Rulings, Divorce Act 70 of 1979, divorce settlements, Family Law, financial landscape, fund depletion, future maintenance, housing loans, legal complexities, Legal precedents, maintenance obligations, maintenance orders, marital dissolution, marital property law, Matrimonial Property Act 88 of 1984, Pension Funds, Pension Funds Amendment Bill 2024, pension interests, retirement benefits, retirement savings, South Africa, South African Law, Two-Pot retirement system The Two-Pot Retirement System and Maintenance: Revolutionising Divorce Settlements in South Africa under the Pension Funds Amendment Bill 2024. Introduction South Africa's financial landscape is on the brink of a significant transformation with the imminent implementation of the Two-Pot retirement system on 1 September 2024. This innovative approach to… READ MORE
19/06/2024 Bertus Preller Accrual Calculation, Adversarial Legal System, Alimony, Alternative Dispute Resolution, Division of Estate, Divorce, Grey Divorce, In Community of Property, Maintenance, Pension Funds, Reasons for Dicorce, Spousal Maintenance Alternative Dispute Resolution, Antenuptial Contracts, arbitration, Asset Division, Collaborative Divorce, Divorce Act 70 of 1979, Divorce Attorney, divorce settlements, Emotional Challenges, emotional well-being, estate planning, Family Law, Financial Advisors, financial considerations, Grey Divorce, legal guidance, Marital Property Regimes, Mediation, Pension Funds, Retirement Planning, Self-care, South Africa, spousal maintenance, Tax Professionals Navigating the Complexities of Grey Divorce in South Africa: A Comprehensive Guide. Introduction Navigating the complexities of divorce is never an easy task, but for those over the age of 50, the challenges can be particularly daunting. In South Africa, the phenomenon… 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
11/01/2024 Bertus Preller Divorce, In Community of Property, Non-Patrimonial Assets Asset Division, community property, constitutional law, discrimination in marriage, divorce settlements, Family Law, joint estate, legal implications, legal interpretation, legal precedent, legal reform, LH v ZH case, marriage in community of property, marriage law, matrimonial assets, matrimonial property law, matrimonial property regimes, non-patrimonial damages, pre-marital assets, Section 18(a) MPA, South Africa, spousal rights, Supreme Court of Appeal Navigating Matrimonial Property Rights: Insights from the LH v ZH Case – LH v ZH (2022) 1 SA 384 (SCA). OVERVIEW OF THE LH V ZH CASE AND MATRIMONIAL PROPERTY LAW IN SOUTH AFRICA The case of LH v ZH (2022) 1 SA 384 (SCA) presents a pivotal moment in… READ MORE
10/01/2024 Bertus Preller Abuse, Adversarial Legal System, Divorce, Forfeiture of Benefits, Pension Funds, Reasons for Dicorce asset allocation, asset forfeiture, community of property, conduct in marriage, divorce assets division, Divorce Law, divorce settlements, emotional abuse, equitable distribution, family court decisions, financial neglect, High Court ruling, legal implications, legal judgment, legal precedent, marital breakdown, marital contributions, marital misconduct, matrimonial property, pension fund interest, property rights, South African Family Law, spousal behaviour, Z v Z case Marriage Misconduct and Asset Forfeiture: A Pivotal Ruling in Z v Z (34253/2010) [2024] ZAGPJHC – 4 (10 January 2024). Case Overview In the High Court of South Africa, Gauteng Division, Johannesburg, the case of Z v Z (Case No: 34253/2010) was presided over by Adams J. The judgment, delivered… READ MORE
06/01/2024 Bertus Preller Alimony, Arrears, Divorce, Interim Maintenance, Maintenance, Rule 43, Spousal Maintenance child support, court ruling, divorce settlements, Family Law, family responsibilities, Financial Obligations, High Court, judicial decisions, legal enforcement, legal implications, Legal precedents, maintenance compliance, maintenance orders, Marital Disputes, new case law, pension fund attachment, retirement annuity, South Africa, spousal support, unpaid maintenance Failure to Pay Maintenance Leads to Retirement Annuity Attachment: A South African High Court Ruling. MO v RO AND ANOTHER – Case Number: 15617/2022 – 5 January 2024. Case Overview In a recently concluded application in the High Court of South Africa (Western Cape Division, Cape Town), with case number 15617/2022, MO (the applicant) brought an urgent application… READ MORE
30/11/2023 Bertus Preller Divorce, Pension Funds, Settlement agreements asset distribution in divorce, attorney diligence, consent paper interpretation, contract integrity in settlements, divorce negotiation strategies, divorce order variation, divorce settlements, Family court rulings, family law case studies mANTAME j, legal precedent in divorce, legal representatives' conduct, Lekhuleni J, M.D vs N.D, maintenance order variation, matrimonial law implications, matrimonial property division, pension interest division, post-divorce financial adjustments, settlement agreement analysis, South African Family Law Legal Precision in Divorce Settlements: Lessons from the M.D v N.D – Appeal (A176/2023) [2023] ZAWCHC 304 (29 November 2023) on Pension Interests and Attorney Conduct. The Facts of the Case: A Detailed Overview This Appeal in the western Cape High Court presented a complex scenario involving the variation of a divorce order, particularly focusing on… 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
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