25/10/2026 Bertus Preller Alimony, Arrear Maintenance, Arrear maintenance claims, Arrear Maintenance Variation, Attorney and client costs, Child Maintenance, Civil contempt South Africa, Contempt of Court, Contempt of court maintenance, Costs, Divorce, Fakie test, Interim Maintenance, Maintenance, Maintenance Act 99 of 1998, Maintenance Calculator, Maintenance Calculator, Maintenance Court, Maintenance Court, Maintenance order enforcement, Procedural Law, Procedure, Punitive costs orders, Rule 43 Contempt, Rule 43 orders, Serial contempt, Spousal Maintenance Arrear Maintenance, Attorney and Client Costs, Cloete J, consent paper, contempt of court, D.O v M.E, divorce order, enforcement of maintenance, evidential burden, financial disclosure, HEG Consulting v Siegwart, LAN v OR Tambo Airport, Maintenance Act 99 of 1998, maintenance court jurisdiction, Maintenance Order, MM v MF, non-encumbrance clause, rehabilitative maintenance, Secretary of the Judicial Commission v Zuma, section 6(2) jurisdiction, self-help, spousal maintenance South Africa, SS v VVS, Suspended Sentence, variation of maintenance, Western Cape High Court, wilful and mala fide, writ of execution maintenance, ZAWCHC 624 Self-Help Is Not a Defence: Ex-Husband Held in Contempt for Flouting Maintenance Order in D.O v M.E (6955/2018) [2026] ZAWCHC 624 (21 October 2026). This case concerns a former husband who, for the better part of seven years, paid his ex-wife’s court-ordered rehabilitative maintenance when and in the amount he chose, pleaded poverty and… READ MORE
23/07/2026 Bertus Preller Alimony, Best Interests of the Child, Children, Cohabitation, Costs, Divorce, Financial non-disclosure, Interim Maintenance, Maintenance, Non-disclosure consequences, Procedural Law, Rule 43, Rule 43 Applications, Rule 43 Contempt, Rule 43 orders, Spousal Maintenance ability to pay, best interests of the child, child maintenance, Divorce Law, divorce proceedings, earning capacity, family law judgment, financial disclosure, financial non-disclosure, full and frank disclosure, H.L v B.L, inflated expenses, interim maintenance, interim relief, legal costs contribution, maintenance claim, Maintenance Order, maintenance pendente lite, marital standard of living, Minor Children, Njokweni J, Rule 43, Rule 43 Application, South African case law, South African Family Law, spousal maintenance, uberrima fides, Western Cape divorce, Western Cape High Court Candour, Children and the Limits of Interim Maintenance: H.L v B.L (2025/216979) [2026] ZAWCHC 350 (13 July 2026). The factual background and the parties’ competing claims In H.L v B.L (2025/216979) ZAWCHC 350 (13 July 2026), the Western Cape High Court was required to determine an application for… READ MORE
25/06/2026 Bertus Preller Alimony, Arrear Maintenance, Arrear maintenance claims, Child Maintenance, Children, Civil contempt South Africa, Contempt of Court, Contempt of court maintenance, Divorce, Financial non-disclosure, Maintenance, Maintenance Court, Maintenance Court, Maintenance order enforcement, Non-disclosure consequences, Plascon Evans Rule, Post-divorce maintenance, Post-divorce maintenance enforcement, Spousal Maintenance, Uberrimae fidei matrimonial proceedings Arrear Maintenance, Attorney and Client Costs, beyond reasonable doubt, child maintenance, Civil Contempt, contempt of court, Contempt Proceedings, Davis AJ, Dezius v Dezius, Divorce Act, dolus eventualis, Eke v Parsons, evidential burden, Fakie v CCII Systems, family law South Africa, financial disclosure, full and frank disclosure, inability to pay defence, luxuries non-essentials, maintenance court variation, maintenance debtor, Maintenance Order, parental maintenance obligations, Pheko v Ekurhuleni, Plascon-Evans rule, poverty defence, settlement agreement order of court, Western Cape High Court, wilful and mala fide When “I Can’t Pay” Becomes Contempt: Luxuries, Maintenance Arrears and the Duty of Full Disclosure in D.W v J.L.K (12604/2015) [2026] ZAWCHC 322 (17 June 2026). D.W v J.L.K (12604/2015) ZAWCHC 322 (17 June 2026) The facts: a maintenance debtor who paid for luxuries before his children The applicant and respondent divorced in 2015. In terms… READ MORE
08/09/2025 Bertus Preller Abuse of Process, Alimony, Contempt of Court, Divorce, Magistrate's Court jurisdiction, Procedural Law, Rule 43 Contempt, Rule 43 orders, Spousal Maintenance attorney-client costs, Bannatyne decision, Burden of Proof, Civil Contempt, Constitutional Court, contempt of court, Fakie test, financial disclosure, forum shopping, inability to pay defence, magistrate's court jurisdiction, maintenance arrears, maintenance contempt, maintenance enforcement, mala fides, Pheko case, procedural abuse, Rule 43 proceedings, Rule 43(6) variation, Suspended Sentence, wilful non-compliance Forum Shopping and Maintenance Contempt: M.M v M.F (2023-024319) [2025] ZAGPJHC 857 (4 September 2025) – When Procedural Abuse Meets the Fakie Test. Factual Matrix: From Rule 43 Order to Contempt Proceedings The factual backdrop to this matter illustrates the unfortunate reality facing many maintenance beneficiaries in South Africa. The parties, former spouses… READ MORE
29/06/2025 Bertus Preller Family Law Cases May - June 2025 actio communi dividundo, birth registration, Child Custody, Child Relocation, Children’s Court jurisdiction, Co-ownership, customary adoption, customary marriage, divorce rescission, DNA testing, estate administration, family law 2025, familylaws.co.za, financial disclosure, international contempt, June 2025 family law, maintenance enforcement, Matrimonial Property Act, May 2025 SA cases, parental alienation, Plascon‑Evans, preservation order, procedural fairness, property sale order, relocation, Rule 35 discovery, Rule 43, settlement agreement interpretation, shared parental responsibility, South African Family Law, widow maintenance Shaping the Landscape of Family Law: May–June 2025 South African Case Law Roundup. Shaping the Landscape of Family Law: May–June 2025 Roundup The months of May and June 2025 featured several high-impact judgments that will influence future family-law disputes—especially on jurisdiction, customary marriage, property rights… READ MORE
25/06/2025 Bertus Preller anti-dissipatory relief, Arrears, Best Interests of the Child, Child Maintenance, Children, Children's Court, Divorce, Maintenance, Maintenance Court, Preservation Order anti-dissipation interdict, best interests of child, child maintenance, court amendment powers, divorce settlement agreements, finality principle, financial disclosure, future maintenance, High Court jurisdiction, Maintenance Act 99 of 1998, maintenance arrears, maintenance obligations, parental support duties, preservation orders, property sale proceeds, reciprocal parental duties, Regional Court orders, rule 42 uniform rules, Section 28 Constitution, sectional title property, shared responsibility, South African Family Law, trust account preservation, unemployment maintenance, upper guardian, Western Cape High Court, ZAWCHC When Courts Will Preserve Property Sale Proceeds for Child Maintenance: D.D.B v T.D.B and Another (2025/073213) [2025] ZAWCHC 250 (19 June 2025). Establishes Shared Parental Responsibility. Key Takeaways This Western Cape High Court judgment establishes several crucial principles for family law practitioners and divorced parents navigating maintenance disputes. Courts will only grant preservation orders for future… READ MORE
12/06/2025 Bertus Preller Costs, Divorce, Financial Disclosure, Rule 43, Rule 43 Cost Contributions, Rule 58, Spousal Maintenance, Variation Rule 43(6) Access to Justice, accrual system, banking statements, business interests, close corporation income, costs orders, court discretion, credit facilities, Divorce Act, divorce costs, divorce proceedings, evidence requirements, Family Law, financial disclosure, financial means assessment, High Court Judgment, inadequate disclosure, interlocutory applications, legal contribution, legal costs contribution, legal representation funding, litigation funding, material change circumstances, matrimonial law, matrimonial litigation, patrimonial benefits, Property Valuation, Rule 43 applications, spousal maintenance, uniform rules court Rule 43 Applications Dismissed: Financial Disclosure Failures Sink Litigation Funding Bid in J VW v P C VW (EL 514/2025) [2025] ZAECELLC 8 (27 May 2025). The Facts The parties were involved in a divorce action with patrimonial benefits and the accrual system being central issues. Before the court was an application for a further contribution… READ MORE
11/05/2025 Bertus Preller Accrual Calculation, Appeal, Commencement Values, Costs, Division of Estate, Divorce, Financial Disclosure, Procedure accrual claim, accrual system, Antenuptial Contract, binding agreement, commencement values, conclusive proof, contractual terms, declaration of value, divorce proceedings, divorce settlement, estate calculation, Estate Valuation, financial disclosure, inflation adjustment, legal precedent, marriage contracts, Marriage Dissolution, matrimonial agreements, matrimonial property, Matrimonial Property Act, out of community of property, prima facie proof, property declaration, section 6(3), South African divorce law, South African Law, statutory interpretation, Supreme Court of Appeal, wealth division D.C.M v C.C.M (1235/22) [2025] ZASCA 55 (9 May 2025). Understanding the Recent Supreme Court of Appeal Ruling on Antenuptial Contracts On 9 May 2025, the Supreme Court of Appeal (SCA) delivered a landmark judgment in Manelis v Manelis (Case… READ MORE
09/04/2025 Bertus Preller Alimony, Costs, Divorce, Maintenance, Rule 43, Rule 43 Cost Contributions accrual system, Acting Judge Pretorius, constitutional rights in divorce, contribution to legal costs, Divorce Litigation Costs, divorce proceedings, duty of support, equality before the law, Equality of Arms, expert fees in divorce, Family Law, financial disclosure, financial non-disclosure, financial transparency, forensic accounting, Gauteng High Court, high net worth divorce, interim maintenance, legal precedent, maintenance pendente lite, matrimonial property, Qatar Airlines pilot, Rule 43 Application, Rule 43 principles, South African divorce law, spousal maintenance, standard of living, stay-at-home spouse High Court Judgment Clarifies Rule 43 Relief in Wealthy Divorces: M.C D.C.R v A.P.W.R (2024 075727) [2025] ZAGPJHC 307 (19 March 2025). Background to the Rule 43 Application: Interim Maintenance Pending Divorce The case of M.C D.C.R v A.P.W.R (2024 075727) ZAGPJHC 307 (19 March 2025) revolves around a Rule 43 application… READ MORE
30/01/2025 Bertus Preller Costs, Divorce, Financial Disclosure, Procedural Law, Section 7 Matrimonial Properties Act accrual system, acting justice friedman, asset declaration, Asset Disclosure, beneficial ownership, catch-me-if-you-can principle, company assets, constitutional powers, corporate structures, disclosure obligations, divorce litigation, divorce procedure, divorce proceedings, divorce tactics, financial disclosure, financial transparency, Gauteng High Court, High Court Judgment, interlocutory applications, Judicial Discretion, legal precedent, matrimonial law, matrimonial property, Matrimonial Property Act, Practice Directive, Rule 33(4), Rule 43, section 7 notice, separation application, South African Law, Trust assets Playing Hide and Seek with Assets? High Court Says ‘Game Over!’ – D.M v D.M (2021 043212) [2025] ZAGPJHC 31 (28 January 2025). The Novel Question: When Must a Spouse Comply with a Section 7 Notice? When it comes to financial disclosure in divorce proceedings, some spouses treat their assets like a magician's… READ MORE