30/07/2025 Bertus Preller Divorce, Divorce summons South Africa, Irregular proceedings, Mediation, Procedural Law, Rule 30(2)(b) application, Rule 41A mediation notice Alternative Dispute Resolution, court rules, curable defect, Divorce Law, divorce litigation, divorce proceedings, Divorce process, divorce summons South Africa, divorce summons validity, Family Court, family disputes, Growthpoint case, irregular proceedings, legal remedies, Legal Technicalities, litigation procedure, mediation consideration, mediation notice omission, mediation notice requirements, non-compliance Rule 41A, Procedural Compliance, procedural defects, procedural irregularity, Rule 30 application, Rule 30(2)(b) application, Rule 41A mediation notice, South African courts, South African Family Law, Uniform Rules of Court Rule 41A Mediation Notices in Divorce: Why Missing Notices Don’t Kill Your Case. Introduction Rule 41A of the Uniform Rules of Court, introduced in 2020, mandates that litigants consider mediation at the inception of litigation. In divorce actions, this means a plaintiff must… READ MORE
23/07/2025 Bertus Preller Abuse, Adultery, Division of Estate, Divorce, Divorce Statistics, Domestic Violence, Forfeiture of Benefits, Infidelity, Marriage accrual, adultery, Andy Byron, Asset Division, assets, B.R.B.M v R.K.B.M, C.M.M v A.M.S.M, community of property, Divorce Act, Divorce Law, Family Court, family law attorney, forfeiture, forfeiture orders, High Court, legal commentary, legal precedent, M v M, marital breakdown, Matyila v Matyila, misconduct, no-fault divorce, patrimonial benefits, public infidelity, section 9(1), South Africa, T.N v S.N, undue benefit, Wijker v Wijker Andy Byron Scandal: Public Infidelity and the Forfeiture of Assets under Section 9(1) of the Divorce Act in South Africa. South African divorce law permits courts to depart from the usual 50/50 division of marital assets in order to prevent an undeserved windfall to a spouse who caused or contributed… READ MORE
02/07/2025 Bertus Preller Abuse of Process, Adversarial Legal System, Costs, Divorce, Family Law Court System South Africa, Procedural Law, Procedure, Punitive Cost Orders, Rule 30A, Uniform Form Rules of Court Afrocentrics case, attorney costs orders, Bloem case, civil procedure, condonation applications, court deadlines, court rules compliance, de bonis propriis costs, Family Court, family law proceedings, Helen Suzman Foundation case, High Court Johannesburg, late filing affidavits, legal practitioner conduct, litigation management, motion proceedings, Multi-Links case, Parental Responsibilities, Procedural irregularities, procedural non-compliance, professional conduct, Rule 27, Rule 28, Rule 30A, Rule 6, South African Law, supplementary affidavits, Uniform Rules of Court When Procedure Trumps Substance: Dissecting Rule 30A Non-Compliance in N.S v A.D (2022/257) [2025] ZAGPJHC 632 (20 June 2025). Factual Background: A Tale of Procedural Non-Compliance in Family Law Proceedings The factual matrix in N.S v A.D presents a striking illustration of how procedural non-compliance can derail even the… READ MORE
23/01/2025 Bertus Preller Best Interests of the Child, Children, Parental Rights, Same Sex Couples best interests of child, blended families, child welfare, children's rights, children's act, Civil Union Act, Constitutional Rights, contact arrangements, Contact rights, court appointed experts, custody arrangements, drug assessment, educational evidence, expert evidence, Family Advocate, Family Court, Family Law, family relationships, joint custody, joint expert minute, Judicial Discretion, legal precedent, Parental Rights, psychiatric evaluation, Same-Sex Marriage, South African Law, surrogacy, teacher testimony, upper guardian, Western Cape High Court Best Interests of Children Triumph Over Expert Recommendations: D.R v N.M and Another (3358/24) [2025] ZAWCHC 12 (23 January 2025). Introduction: A Modern Family's Legal Journey in the Western Cape High Court In a landmark judgment delivered electronically on 23 January 2025, the Western Cape High Court grappled with complex… READ MORE
19/11/2024 Bertus Preller Adversarial Legal System, Appeal, Best Interests of the Child, Children, Coercive Control, Conduct of Childcare Experts, Costs, Divorce, Family Law Court System South Africa, In Community of Property, Marital Regimes, Pacta sunt servanda, Parental Alienation, Parental Rights, Punitive Cost Orders, Relocation, Settlement agreements, Shared Residency best interests of child, breastfeeding rights, Child Custody, children's rights, children's act, Constitutional Rights, costs order, custody agreement, custody battle, divorce proceedings, divorce settlement, Family Advocate, family advocate recommendations, Family Court, Family Law, financial coercion, joint estate, Judicial Discretion, legal precedent, matrimonial property, Medupi Power Station, Parental Rights, parenting plan, Primary Caregiver, primary residence, settlement agreement, South African courts, Supreme Court of Appeal, unilateral relocation, upper guardian When Power Moves Meet Parental Rights: High Court Pulls the Plug on Dad’s Custody Settlement in ZDE v CE (1011/2022) [2024] ZASCA 159. (18 November 2024). Background to the Matter Picture this: the corridors of the Supreme Court of Appeal in Bloemfontein, where legal dramas unfold with the regularity of load-shedding schedules. But this time, the… READ MORE
30/10/2024 Bertus Preller Best Interests of the Child, Children, Maintenance, Paternity Fraud best interests of child, biological father, child maintenance, child rights, child support, child welfare, children's act, condictio indebiti, Constitutional Rights, court order, DNA evidence, DNA testing, enrichment claims, family bonds, Family Court, family law South Africa, family relationships, fraud claims, Judicial Discretion, legal duty, legal precedent, maintenance claims, maintenance recovery, marriage law, misattributed paternity, Parental Rights, paternity dispute, paternity fraud, paternity testing, Psychological Impact, WhatsApp evidence From Dad to Duped: South Africa’s Legal Dance with Paternity Fraud and the Quest for Truth. Understanding Paternity Fraud in South Africa: What You Need to Know Paternity fraud occurs when a mother, knowing or suspecting the truth, deliberately misidentifies a man as her child's biological… READ MORE
13/08/2024 Bertus Preller Best Interests of the Child, Children, Family Law Court System South Africa, Grandparents Rights, Mediation, Parental Rights, Procedural Law, Urgency, Views of the Child Alternative Dispute Resolution, bereavement, best interests of the child, child access, Child Custody, child law, child welfare, children's act, Court Procedures, extended family rights, Family Court, family disputes, Family Law, family relationships, grandparents' rights, Judicial Discretion, legal delay, legal precedent, Legal Procedures, legal urgency, Mediation, parental death, procedural requirements, Self-Created Urgency, South African Law, Urgent Application, urgent court roll, Western Cape High Court Urgency Dismissed in Grandparents’ Access Case: E.S and Others v P.S and Another (16138/24) [2024] ZAWCHC 201 (12 August 2024). Background: A Family's Struggle for Contact After Tragedy In the heart-wrenching case of E.S and Others v P.S and Another (16138/24) ZAWCHC 201 (12 August 2024), the Western Cape High… READ MORE
08/08/2024 Bertus Preller Abuse, Adversarial Legal System, Best Interests of the Child, Children, Domestic Violence, Holiday Travel, International Travel, Relocation, Views of the Child best interests of child, child welfare, children's act, co-parenting, court order, custody rights, Divorce, Family Advocate, Family Court, Immigration Act, international travel, judicial interpretation, Legal Guardianship, minor's travel, parental consent, Parental Rights, parenting plan, South African Law, travel regulations Navigating Parental Consent for International Travel: Insights from J.S v R.S (4146/24) [2024] ZAWCHC 199 (2 August 2024) Background: A Battle Over Holiday Travel with a Minor Child In the recent Western Cape High Court case of J.S v R.S (4146/24) ZAWCHC 199 (2 August 2024), Acting Justice… 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
18/03/2024 Bertus Preller Best Interests of the Child, Children, Parental Rights, Views of the Child best interests principle, child autonomy, Child Custody, child development, Child Participation, Child Psychology, child rights, child testimony, child welfare, child-friendly practices, child's voice, Children’s Act 38 of 2005, constitutional mandate, Court Decisions, Custody Battles, divorce proceedings, expert testimony, Family Advocate, Family Court, judicial approach, judicial interpretation, legal challenges, Legal Framework, Legal proceedings, legal reform, Legal Representation, Parental Rights, South African Family Law, UNCRC Amplifying the Child’s Voice: Navigating Family Law in South Africa. The principle of the child's voice in South African family law represents a fundamental aspect of the legal system’s commitment to ensuring that children's rights and welfare are prioritized in… READ MORE