13/06/2024 Bertus Preller Accrual Calculation, Anti-Dissipation Interdicts, anti-dissipatory relief, Appeal, Divorce, Procedural Law accrual system, anti-dissipation interdict, appealability, asset dissipation, constitutional values, constitutionalization, Divorce, evidentiary threshold, exceptional circumstances, fair outcomes, Family Law, intentions, interests of justice, interim orders, judicial accountability, KSL v AL, legal developments, legal principles, marital property, matrimonial disputes, precedents, rule 34 offers, settlement negotiations, South African Law, strategic litigation, Supreme Court of Appeal The SCA Unraveling the Intricacies of Anti-Dissipation Interdicts in Matrimonial Disputes: Lessons from KSL v AL (356/2023) [2024] ZASCA 96 (13 June 2024). The Lowdown: Facts and Background of KSL v AL (356/2023) ZASCA 96 (13 June 2024) The saga of KSL v AL began when KSL (the husband) tied the knot with… READ MORE
11/06/2024 Bertus Preller Divorce, Forfeiture of Benefits asset distribution, Beaumont v Beaumont, community of property, court ruling, Divorce, Divorce Act 70 of 1979, divorce settlement, Family Law, financial support, forfeiture, immovable property, irretrievable breakdown, joint estate, Klerck v Klerck, KT v MR, Legal Framework, Legal precedents, legal professionals, M.C.N v G.M.L.N, maintenance, marital breakdown, matrimonial property, misconduct, paternity, patrimonial benefits, pension fund, primary breadwinner, South Africa, substantial misconduct Breaking Down the M.C.N v G.M.L.N (Born M.) (1629/2022) [2024] ZAGPPHC 516 (7 June 2024) Divorce Case: Forfeiture of Patrimonial Benefits in South Africa. Case Summary In the case of M.C.N v G.M.L.N (Born M.) (1629/2022) ZAGPPHC 516 (7 June 2024) the parties were married in community of property in 2000. The marriage lasted… READ MORE
11/06/2024 Bertus Preller Anti-Dissipation Interdicts, anti-dissipatory relief, Cryptocurrencies, Cryptocurrency, Division of Estate, Divorce, Hiding Assets, In Community of Property, Subpoenas accrual system, antenuptial agreements, Asset Concealment, asset distribution, asset tracing, Bitcoin, Bitcoin mining, blockchain analysis, blockchain forensics, community of property, cryptocurrency, cryptocurrency valuation, digital currency, digital forensics, digital wallets, Divorce, divorce settlement, financial infidelity, forensic investigation, forensic techniques, hidden assets, interim orders, Legal Framework, legal remedies, matrimonial property, Matrimonial Property Act, OSINT, out of community of property, pseudonymous transactions, South Africa Cryptocurrency and Divorce in South Africa: Unveiling Hidden Digital Assets. Introduction As cryptocurrencies gain widespread adoption and become increasingly mainstream, their use has extended beyond just investment and trading. Cryptocurrencies, particularly Bitcoin, have found their way into various aspects of… READ MORE
24/05/2024 Bertus Preller Counselling, Divorce, Divorce Statistics, Infidelity, Marriage, Reasons for Dicorce active listening, Bertus Preller, communication breakdown, Divorce, divorce lawyer, emotional support, Everyone’s Guide to Divorce and Separation, Family Law, infidelity, infidelity types, James Sexton, Lex Fridman, love, love impermanence, marriage, matrimonial law, modern love, Navigating Relationships, podcast insights, rebuilding trust, relationship advice, Relationship Challenges, relationship resilience, romantic expectations, social media impact, soulmate myth, South Africa, The Diary of a CEO, The Unexpected Counsellor Navigating the Complexities of Love, Marriage, and Divorce: Insights from America’s Top Divorce Lawyer, James Sexton. Introduction As a divorce lawyer with more than 30 years of experience in South Africa, I found listening to James Sexton's discussions on The Diary of a CEO and Lex… READ MORE
23/05/2024 Bertus Preller Divorce, Maintenance, Marriage, Pacta sunt servanda, Prenuptial Afreement Antenuptial Contract, certainty, circumvention, Constitutional Court, D H B v C S B, dissenting opinion, Divorce, Divorce Act, donation, enforceability, fairness, freedom of contract, Judicial Discretion, jurisdiction, legal status, maintenance contract, majority judgment, matrimonial regime, Pacta Sunt Servanda, pleadings, prenuptial agreements, procedural fairness, Public Policy, Section 7, spousal maintenance, statutory right, unintended consequences Prenuptial Agreements and Public Policy: The Constitutional Court’s Ruling in D H B v C S B (CCT 293/22) [2024] ZACC 9 (22 May 2024). Background of the Case D H B and C S B concluded an antenuptial contract before their marriage in 2015, declaring their marriage to be out of community of property… READ MORE
23/05/2024 Bertus Preller Divorce, Muslim Marriages asset redistribution, Child Custody, child welfare, cultural diversity, Divorce, Divorce Act 1979, Divorce Amendment Act 2024, equality, fairness, Family Law, forfeiture of patrimonial benefits, Islamic tenets, justice, Legal Protection, legal recognition, Marital Assets, Muslim marriages, religious practices, South Africa Understanding the New Divorce Amendment Act No. 01 of 2024: Enhancing Legal Protection for Muslim Marriages The Divorce Amendment Act, 2024, marks a significant milestone in the recognition and protection of Muslim marriages in South Africa. By integrating specific provisions for Muslim marriages into the existing… READ MORE
21/05/2024 Bertus Preller Best Interests of the Child, Children, Parental Rights, Procedure, Relocation, Schooling, Urgency, Views of the Child best interests of the child, child contact, child welfare, children's act, court order, court procedure, Divorce, East Rock Trading, Family Advocate, Family Law, Grootboom case, High Court, Johannesburg, judicial oversight, Legal Framework, legal principles, Mediation, Parental Rights, Procedural Compliance, procedural rules, relocation disputes, settlement agreement, shared custody, Uniform Rule 6(12), urgency test, urgent child relocation, Western Cape, ZAWCHC E.L.B v A.V.M (7521/24) [2024] ZAWCHC 132: Implications for Urgent Child Relocation Applications. Background and Context of E.L.B v A.V.M (7521/24) ZAWCHC 132 The Western Cape Division of the High Court of South Africa was tasked with resolving a highly contentious and urgent… READ MORE
27/04/2024 Bertus Preller Accrual Calculation, Divorce, Hiding Assets, Marital Regimes, Trusts, Trusts accrual system, alter ego, asset protection, Badenhorst v Badenhorst, best interests of children, Constitution, Divorce, economic inequality, equality, estate planning, fact-specific enquiry, gender, Judicial Discretion, Matrimonial Property Act 88 of 1984, piercing the trust veneer, RP v DP, sections 9 and 28, sham trust, substantive equality, transformative constitutionalism, trusts, unfair discrimination, Van Zyl v Kaye Piercing the Trust Veneer in Divorce: A Constitutional Approach to Achieving Equity (Matrimonial Property Act 88 of 1984; Badenhorst v Badenhorst 2006 (2) SA 255 (SCA); RP v DP 2014 (6) SA 243 (ECP)). Introduction The accrual system, as set out in the Matrimonial Property Act 88 of 1984 (hereafter referred to as the MPA), is a matrimonial property regime that aims to recognise… READ MORE
19/04/2024 Bertus Preller Best Interests of the Child, Children, Parental Rights 14667/2022, best interests of the child, Child Custody, child development, child protection, child well-being, co-parenting, Court Directives, court-appointed expert, Divorce, domestic violence, drug testing, emotional instability, Family Court, family dispute resolution, Family Law, high-conflict custody, individual therapy, parental accountability, parental alienation, parental progress, Parental Rights, parenting coordinator, parenting deficiencies, parenting plan, phased approach, shared care arrangement, substance abuse, TH v CH, ZAWCHC Balancing Parental Rights and the Best Interests of the Child in High-Conflict Care and Contact Cases. – TH v CH (14667/2022) [2024] ZAWCHC 100 (9 April 2024). Introduction In TH v CH (14667/2022) ZAWCHC 100 (9 April 2024), the Western Cape High Court heard a case between divorced parents, TH (the father and applicant) and CH (the… READ MORE
18/04/2024 Bertus Preller Arrears, Division of Estate, Divorce, Forfeiture of Benefits, In Community of Property, Maintenance Arrear Maintenance, child maintenance, community of property, division of assets, Divorce, forfeiture, joint estate, matrimonial property system, misconduct, parental rights and responsibilities, pension fund benefits High Court Addresses Pension Fund Benefits and Arrear Maintenance, Forfeiture Not Applied in K.B.P v T.L.P (DIV 155/2014) [2024] ZANWHC 105 (17 April 2024). Introduction The High Court of North West, Mahikeng, heard an opposed divorce case between Mrs. B.P. (plaintiff) and Mr. L.P. (defendant), who were married in community of property on 11th… READ MORE