22/02/2024 Bertus Preller Appeal, Children, Costs, Mootness, Relocation awarding of costs, best interests of the child, child custody appeals, Child Relocation, family court decisions, family law appeals, High Court judgments, legal appeals, legal challenges in relocation, legal disputes over child care, legal implications of relocation, legal precedents in family law, legal strategies in family disputes, maintenance payments and custody, mootness in law, Parental Rights, punitive cost orders, South African Family Law, T.R v S.M Deciphering the Legal Labyrinth: T.R v S.M (035901/2023) [2024] ZAGPJHC 1745 (21 February 2024) and the Intricacies of Family Law Appeals Background In a recent judgment by the Gauteng Local Division of the High Court in Johannesburg, the case between T.R. (Applicant) and S.M. (Respondent) was deliberated. The Applicant sought leave… READ MORE
02/02/2024 Bertus Preller Children, Parental Rights, Relocation, Views of the Child child welfare, Children's Best Interests, Children's Welfare, children's act, Constitutional Rights, court decision, cross-border parenting, custody arrangements, emotional stability, family court decisions, family dynamics, Family Law, family relocation, international custody, international move, judicial considerations, Legal Analysis, Legal Framework, legal guidance, Legal precedents, Legal Strategy, minor children relocation, parental consent, Parental Responsibilities, Parental Rights, relocation cases, shared parenting, travel consent, visitation rights Navigating Family Dynamics: Granting Relocation Orders for Minor Children’s Best Interests. – H F v P F ; In Re: E F and Others (2022/028593) [2024] ZAGPJHC 88 (31 January 2024). Introduction to the Interim Removal Application for Minor Children On 21 June 2023, NDLOKOVANE AJ delivered a pivotal order addressing the contested interim removal of three minor children, aged 14,… 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
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