12/09/2024 Bertus Preller Adversarial Legal System, Alimony, Best Interests of the Child, Child Maintenance, Children, Costs, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance, Stepparents blended families, child support, children's rights, financial disclosure, forensic investigation, High-net-worth divorce, in loco parentis, interim maintenance, Legal Costs, Rule 43 Application, South African Family Law, standard of living, stepparent maintenance, Western Cape High Court Stepparent Obligations Redefined: N.M v B.M and Others (11384/2024) [2024] ZAWCHC 254 (11 September 2024) – Shakes Up Family Law. The Blended Family Dilemma: Stepparent Maintenance in South African Law The recent judgment in N.M v B.M and Others (11384/2024) ZAWCHC 254 (11 September 2024) has brought the complex issue… READ MORE
03/09/2024 Bertus Preller Children, Costs, Divorce, Financial Disclosure, Rule 43, Rule 43 Cost Contributions adverse inferences, child welfare, corporate veil, financial disclosure, high-net-worth, interim maintenance, Legal Costs, luxury lifestyle, maintenance pendente lite, marital standard, property expenses, psoriasis medication, Rule 43, South African divorce, trust law Rule 43 Showdown: High Court Unravels Luxury Divorce in M.M v T.M (2023/012335) [2024] ZAGPJHC 835. (20 August 2024). Background: A High-Flying Couple's Messy Divorce In the realm of high-profile divorces, the case of M.M v T.M (2023/012335) ZAGPJHC 835 (20 August 2024) stands out as a particularly complex… READ MORE
24/08/2024 Bertus Preller Accrual Calculation, Adversarial Legal System, Antenuptial Contracts, Commencement Values, Divorce, Trusts accrual system, Antenuptial Contract, asset dissipation, asset valuation, binding declarations, business entities, classic car valuation, commencement value, constitutional challenge, contractual interpretation, Divorce, expert evidence, expert testimony, financial disclosure, forensic accounting, High Court, High-net-worth divorce, legal precedent, matrimonial property, Matrimonial Property Act, Property Valuation, related-party transactions, South African Law, Trust assets Conclusive Commencement: Manelis v Manelis (32624/2015) [2022] ZAGPJHC 880 – Reshapes Antenuptial Contract Interpretation. Background: The High-Stakes Divorce Battle The Manelis case, heard in the Gauteng Local Division of the High Court of South Africa, revolves around a contentious divorce action where the parties… READ MORE
24/08/2024 Bertus Preller Accrual Calculation, Antenuptial Contracts, Antenuptial Contracts, Commencement Values, Division of Estate, Divorce, Pacta sunt servanda, Prenuptial Afreement accrual claims, accrual system, antenuptial agreements, Antenuptial Contracts, asset valuation, commencement values, conclusive proof, court judgments, divorce litigation, divorce proceedings, Family Law, financial disclosure, financial transparency, forensic accountants, Legal Framework, legal interpretation, Manelis case, matrimonial assets, Matrimonial Property Act, matrimonial property law, Maxted v Maxted, Olivier v Olivier, prima facie proof, property settlements, Section 6, South African Law, spousal maintenance, Thomas v Thomas, TN v NN Accurate Commencement Values in Antenuptial Contracts: Legal Interpretations and Implications Explored in TN v NN and Others 2018 (4) SA 316 (WCC). The Purpose and Role of Commencement Values in Antenuptial Contracts Commencement values play a crucial role in the implementation of the accrual system in South African matrimonial property law. As… READ MORE
07/08/2024 Bertus Preller Adversarial Legal System, Alternative Dispute Resolution, Best Interests of the Child, Children, Costs, Divorce, Financial Disclosure, Hostile Family Lawyers, Maintenance, Procedure, Rule 43, Spousal Maintenance aggressive litigation tactics, asset depletion, child welfare, divorce process critique, exorbitant legal fees, financial disclosure, financial hardship, high-conflict divorce, interim relief, judicial case management, Legal Costs, legal reform, maintenance variation, Material change in circumstances, matrimonial property, minor child impact, prolonged litigation, Rule 43, South African Family Law A Decade of Divorce: L.S v J.S (23967/2012) [2024] ZAGPJHC 653 Exposes Flaws in South African Family Law (2 August 2024). Background: A 12-Year Divorce Battle Reaches New Heights The case of L.S v J.S (23967/2012) ZAGPJHC 653 (2 August 2024) presents a stark illustration of the perils of prolonged divorce… READ MORE
27/07/2024 Bertus Preller Alimony, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance court judgments, Divorce, divorce litigation, Family Law, financial assessment, financial disclosure, full disclosure, interim maintenance, interim relief, legal precedent, Legal proceedings, marital property, matrimonial assets, matrimonial disputes, Mediation, Rule 43, South Africa, spousal support, Uniform Rules of Court Full Disclosure and Reasonableness: Key Lessons from M.Y v J.Y (2024/013982) [2024] ZAGPJHC 684 in Rule 43 Applications (26 July 2024). Background: A Short-Lived Marriage Leads to Rule 43 Application The case of M.Y v J.Y (2024/013982) ZAGPJHC 684 (26 July 2024) revolves around a Rule 43 application filed by the… READ MORE
24/06/2024 Bertus Preller Alimony, Child Maintenance, Children, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43, Spousal Maintenance Access to Justice, Bannatyne v Bannatyne, best interests of the child, care and contact arrangements, Cary v Cary, child maintenance, Children’s Act 38 of 2005, cost contribution orders, divorce proceedings, Du Preez v Du Preez, financial disclosure, financial transparency, Gender Equality, high-net-worth divorces, high-stakes divorce, interim maintenance, interim relief, L.E.A v A.J.A, Legal Costs, luxurious lifestyle, Mahikeng, maintenance claims, North-West Division High Court, Rule 43 Application, Section 28 Constitution, South African Law, Taute v Taute, trusts and business interests, WT v KT Balancing Luxury and Justice: High-Stakes Divorce and Child Maintenance in L.E.A v A.J.A (990/2024) [2024] ZANWHC 142 – (21 June 2024). Background: A High-Stakes Rule 43 Application Imagine a prominent business executive, Mr. A.J.A, and his spouse, Mrs. L.E.A, who live a life of luxury in a R25 million home, frequently… READ MORE
12/02/2024 Bertus Preller Alimony, Alternative Dispute Resolution, Child Maintenance, Children, Divorce, Interim Maintenance, Maintenance, Parental Rights, Relocation, Rule 43, Spousal Maintenance achieving fair maintenance orders, calculating maintenance, child support, children's welfare in divorce, court analysis, discretion in family court, Divorce Litigation Costs, divorce proceedings, family court judicial decisions, family law insights, financial assistance impact, financial disclosure, financial obligations in divorce, good faith in legal proceedings, interim maintenance, legal obligations of parents, legal precedents in maintenance, legal strategy in family law, maintenance application guidance, maintenance disputes resolution, maintenance order implications, MD v RJD case, navigating divorce challenges, parental financial responsibility, primary residency rulings, reasonable parental contact, Rule 43, Rule 43 applications, South African Family Law Rule 43 Unpacked: Navigating Interim Maintenance in MD v RJD (053357/2022) [2024] ZAGPPHC 79 (5 February 2024). Introduction In the case of MD v RJD (053357/2022) ZAGPPHC 79 (5 February 2024), the Gauteng Division of the High Court delved into the complexities of interim maintenance for children… READ MORE
09/02/2024 Bertus Preller Costs, Division of Estate, Divorce, In Community of Property, International Divorce, International Divorce, Liquidator, Marital Regimes, Procedural Law Antenuptial Contract, Bertus Preller, cross-border marriage, divorce proceedings, expert evidence, F. Bezuidenhout AJ, financial disclosure, foreign marriage, full disclosure, immediate division, international private law, landmark case, legal precedent, legal principles, Lex Domicilii Matrimonii, matrimonial consequences, matrimonial disputes, matrimonial domicile, matrimonial law, matrimonial property, Matrimonial Property Act, MPA, new case, new judgement, procedural law, Rule 36(9), Rule 43 applications, South African Law, Substantive Law Deciphering L.E v L.A (1884/2018) [2024] ZAGPJHC 104 (9 February 2024): A Landmark Case on Foreign Marriages and South African Property Law. – 9 February 2024. Introduction to the Case In a landmark decision that navigates the intersection of matrimonial law and international private law, the High Court of South Africa, Gauteng Division, Johannesburg, was presented… READ MORE
09/02/2024 Bertus Preller Alimony, Divorce, Maintenance, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance assessment of financial needs, clean hands doctrine, court discretion, disclosing financial information, divorce court orders, divorce financial obligations, divorce proceedings, equitable relief, financial deceit in divorce, financial disclosure, financial transparency, honesty in legal proceedings, inheritance disclosure, interim maintenance, interim relief, judicial fairness, legal costs in divorce, Legal Ethics, legal obligations in divorce, legal strategies in divorce, maintenance orders, Marital Assets, marital financial disputes, NZIWENI J, Rule 43 applications, savings disclosure, South African Family Law, spousal support, striking applications, transparency in divorce, Uniform Rules of Court Unlocking Fairness in Divorce: The Critical Role of Full Disclosure in Rule 43 Applications. – C.A v H.A (5578/2022) [2024] ZAWCHC 25 (6 February 2024). Introduction In the case of C.A vs. H.A, brought under Rule 43 of the Uniform Rules of Court, the applicant sought interim maintenance for herself while awaiting the finalisation of… READ MORE