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