10/11/2023 Bertus Preller Alimony, anti-dissipatory relief, Divorce, Financial Disclosure, Maintenance, Rule 43 asset dissipation, attorney and client scale, Constitutional Rights, court discretion, divorce litigation, equitable access, financial analysis, financial disclosure, financial hardship, gender disparities, legal costs contribution, maintenance payments, matrimonial cases, matrimonial property, prolixity in legal documents, Rule 43, South African Law, Uniform Rules of Court, urgent applications Rule 43 in Action: Deciphering Court Orders on Contribution to Costs and Attorney-Client Scale Cost Orders in Divorce Cases. L.S.P. v R.S.P (2014/2941) ZAGPJHC 1281 (9 November 2023) Summary of the Case Introduction and Background Rule 43 Application: The plaintiff (Applicant) had filed a Rule 43 application in an… READ MORE
02/11/2023 Bertus Preller Alimony, Arrears, Costs, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Marriage, Rule 43, Spousal Maintenance Divorce Act, divorce proceedings, financial disclosure, financial inequity, inheritance, interim maintenance, legal precedent, maintenance obligations, marital contribution, marital standard of living, non-disclosure, ophthalmologist, Rule 43, Section 7(2), South African Family Law, spousal support, Uniform Rules of Court, Urgent Application, variation order Balancing the Scales of Interim Maintenance: A South African Case Study on Inheritance and Rule 43 Orders. L.M v R.D.M (EL789/2022) ZAECELLC 32 (31 October 2023) Case Summary: The applicant, an ophthalmologist, instituted an application seeking, amongst others, variation of an Order granted by Stretch J on… READ MORE
27/10/2023 Bertus Preller Alimony, Divorce, Financial Disclosure, Maintenance, Rule 43, Spousal Maintenance CBD oils business, court judgment, cryptocurrency, deceptive practices., divorce proceedings, Dutton AJ, financial disclosure, financial responsibility, financial transparency, G[...] R[...] business, legal evaluation, maintenance claims, Marital Assets, marital obligations, matrimonial law, non-disclosure consequences, online dating expenditure, South African courts, undisclosed income, Uniform Rule 43 Unraveling Financial Deceit: A Deep Dive into the Uniform Rule 43 Disclosure Case S.K v C.A.K (D3535/2023) ZAKZDHC 78 (20 October 2023) Dutton AJ Introduction An application was made in terms of Uniform rule 43(1). In his sworn statement, the applicant had contended… READ MORE
24/10/2023 Bertus Preller Children, Divorce, Interim Maintenance, Maintenance, Parental Rights, Rule 43, Views of the Child Bertus Preller, Child Custody, Court Decisions, Divorce Attorney Cape Town, Divorce Attorney South Africa, divorce proceedings, Family Law, Family Lawyers, financial disclosure, High Court, Legal Costs, Legal Diligence, Legal Ethics, legal implications, legal precedent, Legal Procedures, Legal Requirements, maintenance pendente lite, Minor Children, Office of the Family Advocate, Parental Responsibilities, Practice Directives, Rule 43, South Africa, views of the child Setting the Standard: A Comprehensive High Court Judgment on Family Law That Redefines Attorney Conduct and The Views of the Child. C.T v T.E.T (9685/2022) ZAWCHC 262 (13 October 2023) Court and Case Details The case was heard in the High Court of South Africa, Western Cape Division, Cape Town, presided… READ MORE
27/07/2023 Bertus Preller Alimony, Children, Divorce, Interim Maintenance, Maintenance, Parental Rights, Rule 43, Spousal Maintenance, Trusts Adequate Housing, Bertus Preller, child maintenance, Children's Act 38 of 2005, Constitutional Rights, Contact rights, court order, Divorce Attorney Cape Town, Divorce News, divorce proceedings, Equality of Arms, Family Law, financial disclosure, Legal Costs, maintenance, Maintenance Order, Marital Assets, Parental Responsibilities, Primary Residency, right to dignity, Rule 43, South African Law, spousal support Equality of Arms Upheld: Court Orders Husband to Contribute R805,903 Towards Wife’s Legal Costs in Rule 43 Proceedings. Y.M v T.J.M (26526/2022) ZAGPPHC 582 (13 July 2023) The case involved a dispute between two parties identified as Y.M. and T.J.M. This was an application in terms of Rule… READ MORE
18/07/2023 Bertus Preller Alimony, Financial Disclosure, Maintenance, Settlement agreements, Spousal Maintenance Bertus Preller, court appeal, court decision, court errors, court judgement, court order, Divorce, Divorce Attorney Cape Town, divorce settlement, Family Law, financial arrangements, financial disclosure, financial investigation, High Court appeal, JSB vs LDB, legal appeal, legal case, legal dispute, legal duty, legal obligations, legal precedent, Legal proceedings, Magistrate's errors, Maintenance Act, maintenance agreement, maintenance investigator, maintenance obligations, maintenance officer, settlement agreement, spousal maintenance, spousal support Correcting Course: How the High Court Rectified the Magistrate’s Errors in the JSB vs LDB Spousal Maintenance Case. L.D.B v J.S.B (A3079/2021) ZAGPJHC 786 (13 July 2023) BACKGROUND On the 31st of January 2014, the respondent, JSB, had divorced the appellant, LDB. The terms of the divorce had… READ MORE
29/01/2022 Bertus Preller Divorce, Financial Disclosure Divorce Attorney Cape Town, Divorce Attorney South Africa, financial disclosure Hiding Assets in a Divorce. In the Supreme Court of Appeal case of DEB v MGB 2014 ZASCA 137, the court expressed its displeasure of parties in divorce proceedings who does not properly disclose their… READ MORE
29/01/2022 Bertus Preller Alimony, Children, Divorce, Interim Maintenance, Maintenance, Rule 43 accrual system, Bertus Preller, children's education, children's stability, community of property, contribution to legal expenses, digital investigation, Divorce, Divorce Attorney Cape Town, divorce mediation, divorce proceedings, Divorce process, divorce settlements, Family Law, finances, financial affairs in divorce, financial disclosure, husband's financial information, insurance policy, interim maintenance, legal negotiations, Legal Representation, maintenance cover, marital estate, matrimonial home, mediation organizations, parenting plan, pension fund division, Primary Caregiver, Property Division, restraining order, retirement annuity, shared parenting, spousal support, women's financial rights Divorce – What every woman should know Making the choice to divorce is a difficult one, and the risk are it’s followed by an even more traumatic lead-up to the divorce, it is like a roller-coaster on… READ MORE