13/01/2023 Bertus Preller Common Law Marriage in South Africa, Common Law Wife, Interim Maintenance, Life Partnerships, Living Together, Maintenance, Rule 43 cohabitation, cohabitation agreement, common law marriage in South Africa, common law wife, Divorce, ex lege duty of support between life-partners, life partnerships, life-partnership, living together Landmark Application, Interim Maintenance in a Life Partnership. In earlier articles I made mention of an application that will be argued in the High Court Cape Town on 20 January 2023 before 3 Judges. The Women’s Legal Centre… READ MORE
12/01/2023 Bertus Preller Divorce, Forfeiture of Benefits Bertus Preller, Divorce, Divorce News, Family Law, forfeit assets, forfeiture of benefits marriage, how to plead forfeiture in divorce, in community of property, marriage, pleadings Forfeiture of Benefits Denied on Appeal In a recent appeal in the case of M v M (A3004/2022) ZAGPJHC 1024 the Appellant's appeal for a forfeiture of assets was dismissed with costs. There were two central… READ MORE
10/01/2023 Bertus Preller Children, Divorce, Relocation Bertus Preller, Divorce, Divorce News, Family Law, new family law cases, relocation Court grants mother order to relocate to Cape Town. In the case of ADB v BAK (15944/22P) ZAKZPHC 1 (9 January 2023), the court granted an order in favour of the mother to relocate from Durban to Cape Town.… READ MORE
09/01/2023 Bertus Preller Common Law Marriage in South Africa, Common Law Wife, Life Partnerships, Living Together, Universal Partnership Civil Partnership, cohabitation, cohabitation agreement, common law marriage in South Africa, Divorce, Divorce Attorney Cape Town, Family Law cases, Family Law News, family law news South Africa, universal partnership Judge finds a Universal Partnership in a Cohabitation Relationship Introduction In the recent case of LM v RK ZAWCHC 1; 1 All SA 738, Nziweni AJ found that a universal partnership existed in a cohabitation relationship. Living together does… READ MORE
02/01/2023 Bertus Preller Children, Divorce, Relocation child rights, costs, Divorce, Family Law, relocation, relocation law, Section 28 Constitution, voice of the child Court Grants Order in Favour of Father to Relocate with Daughter to Croatia In the unreported case of DD v DHE, under case number 14582/2022, the Gauteng High Court granted an order to the father to relocate with his 13 year old daughter… READ MORE
02/12/2022 Bertus Preller Alimony, Arrears, Maintenance arbitration, arbitration clause, Bertus Preller, Divorce, Divorce Attorney Cape Town, Divorce News, divorce settlement agreement, maintenance, maintenance court Maintenance Court’s Jurisdiction Ousted by Arbitration Clause in a Divorce Settlement Agreement. In a recent unreported case, WJVJ vs EVJ and Capitec Bank, case number A58 of 2022 the High Court in Bloemfontein, in an appeal against a judgement of the Maintenance… READ MORE
05/10/2022 Bertus Preller Arrears adultery, Bertus Preller, cheating wife, Divorce, Divorce Attorney Cape Town, divorce case, Divorce News, forfeit assets, infidelity Cheating wife forfeits benefits in divorce. In a recent unreported CMM v AMSM, case number 13966/2020, in the Gauteng High Court, Makhoba J ruled that the wife forfeited her share of the communal estate due to… READ MORE
18/08/2022 Bertus Preller Cohabitation, Divorce Divorce, Divorce Statistics, Divorces per year, Latest Divorce STATS Divorce Trends in South Africa (2011 – 2020) In 2022, Stats SA released the 2020 divorce data. This was based on 16 097 finished divorce forms that Stats SA received and processed. The total (16 097) suggests a… READ MORE
24/07/2022 Bertus Preller Alimony, Arrears, Children, Divorce, Interim Maintenance, Maintenance, Rule 43 Child Support News, Divorce, Divorce Lawyer Cape Town, Family Law, Lanmark case, maintenance, maintenance aduld child, maintenance laws, Supreme Court of Appeal Supreme Court of Appeal Rule that you can claim maintenance for your children older than 18 years. On the breakdown of a marriage or similar relationship it is mostly mothers who become the custodial parent and have to care for the children. This puts an further financial… READ MORE
25/06/2022 Bertus Preller Divorce, Financial Disclosure, International Divorce, Trusts Bertus Preller, Divorce, Divorce Attorney Cape Town, Divorce Attorney South Africa, Family Law, New Case on Trusts and Divorce, Trusts and divorce Hiding Assets in a Trust during Divorce P A F v S C F (788/2020) ZASCA 101 (22 June 2022). In a wealthy Durban businessman's divorce case, it was found that he had tried to hide R5.5… READ MORE