19/01/2024 Bertus Preller Alimony, Divorce, Financial Disclosure, Maintenance, Rule 43, Spousal Maintenance adventure hobbies, biokineticist mother, Child Custody, Constitutional Rights, divorce financial equity new case, Divorce Law, engineer father, equitable support, fair legal costs, Family court rulings, family law insights, family law precedent, financial disclosures, financial disparity, gender-neutral support, interim maintenance, K.A.E v W.N.E, legal advocacy, Legal Costs, legal expense allocation, Legal Representation, MAHOMED AJ ruling, matrimonial home, mother living with parents, new case analysis, new Rule 43 judgement, parenting plan, Rule 43, South African Family Law, spousal maintenance, spousal support Redefining Fairness: New Case Analysis on Spousal Support Where Mother Lived with Parents, Rule 43. – K.A.E v W.N.E (58415/2021) [2023] ZAGPJHC 1488 (18 December 2023). Facts of the Case Background and Parties Marriage and Separation: The parties, K.A.E (applicant) and W.N.E (respondent), were married in 2010 and separated in 2017, a year after the birth… 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
27/11/2023 Bertus Preller Children, Parental Rights, Views of the Child Child Custody, child development post-divorce, child welfare, child-focused custody, Child's Best Interests, co-parenting challenges, co-parenting dynamics, divorce and children, divorce order amendment, Family court rulings, Family Law, family law litigation, Judicial Discretion, new family law cases, parental guidance in divorce, Parental Responsibilities, parenting plan, parenting stability, post-divorce parenting, routine in child development, South African Family Law Insights from the Bench: Navigating Post-Divorce Parenting and Child’s Best Interests. – L.B v LAE (8551/2022) [2023] ZAGPPHC 1265 (21 November 2023). Erasmus AJ Background This case revolved around the amendment of a parenting plan and a divorce order concerning the contact between the applicant (father) and the minor child, AMB. The… READ MORE
24/11/2023 Bertus Preller Alimony, Divorce, Interim Maintenance, Maintenance, Rule 43 Adams J order, Alimony adjustment, child support, Court judgment analysis, divorce proceedings, Family court rulings, financial disclosure, financial transparency, Income reassessment, Legal financial examination, Legal financial scrutiny, legal precedent, Maintenance litigation, Maintenance order change, Maintenance reassessment, Material change in circumstances, Nkutha-Nkontwana J, Rule 43 variation, South African Family Law, spousal maintenance Navigating Financial Disclosure: The Turning Tide in Maintenance Variation Cases – Rule 43(6) – B.W.H v S.A.H (22802/2021) [2023] ZAGPJHC 1348 (21 November 2023). Facts of the Case In this intricate legal matter, a husband (the applicant) sought a retrospective variation of a maintenance order previously issued by Adams J under Rule 43 of… READ MORE