12/04/2026 Bertus Preller Child born outside marriage, Child Maintenance, Children, Divorce, In Community of Property, Maintenance Court, Maintenance order enforcement, Rule 43, Rule 43 orders, Spousal Maintenance child born outside marriage, community of property divorce, costs in the divorce, divorce litigation South Africa, divorce proceedings South Africa, EH v SH, extra-marital child maintenance, family law South Africa, Forfeiture of benefits, Gauteng High Court, interim maintenance, interlocutory divorce relief, joint estate, joint property income, maintenance duty stepchild, minor child support, NM v BM, pendente lite maintenance, pendente lite relief, rental income divorce, Reyneke v Reyneke, Rule 43, Rule 43 limitations, South African divorce law, spousal maintenance, step-parent maintenance duty, trial court jurisdiction, Uniform Rules of Court, ZAGPJHC When Love Goes Wrong and the Law Says No: The Limits of Rule 43 and a Husband’s Failed Bid for Maintenance and Rental Income — C.M.N v N.N (2025/177461) [2026] ZAGPJHC 320 (31 March 2026). The Facts: An Unemployed Husband, an Extra-Marital Child, and a Contested Rental Income This is an opposed application brought in terms of Rule 43 of the Uniform Rules of Court… READ MORE
17/01/2026 Bertus Preller Abuse, Contumacious conduct, Costs, Divorce, Domestic Violence, Domestic Violence, Emotional Abuse, Financial Abuse, Forfeiture of Benefits, Forfeiture patrimonial benefits, Harassment, In Community of Property, Marital misconduct, Matrimonial property forfeiture, Physical Abuse, Psychological Abuse, Punitive costs orders, Sexual Abuse, Substantial misconduct, Substantial misconduct, Verbal Abuse costs in divorce, discretion of court, divorce proceedings South Africa, domestic violence, drug and alcohol abuse, duration of marriage, Engelbrecht v Engelbrecht, financial delinquency, financial irresponsibility, Forfeiture of benefits, interim protection orders, marital breakdown, marriage in community of property, Mashola v Mashola, matrimonial property, municipal debt, no-fault divorce, patrimonial benefits, pension benefit misconduct, section 9(1) Divorce Act, spousal abuse, substantial misconduct, transfer of property, two-stage approach, unduly benefited test, value judgment, Wijker principles When Domestic Violence and Financial Delinquency Justify Forfeiture: Analysis of W.M.C.M v U.A.M (7390/2018) [2026] ZAGPPHC 5 (12 January 2026). The Factual Matrix: A Pattern of Misconduct and Financial Delinquency The parties in this matter were married in community of property on 16 December 2000. The marriage endured for approximately… READ MORE
21/04/2025 Bertus Preller Division of Estate, Divorce, Forfeiture of Benefits, Pension Funds, Recission of Divorce Orders community of property, court discretion, divorce act section 9, divorce costs, divorce judgment, divorce proceedings, divorce settlements, extramarital affairs, family law South Africa, financial abuse marriage, financial misconduct, Forfeiture of benefits, Gauteng High Court, High Court Judgment, justice kooverjie, legal precedent, Marital Assets, marriage breakdown, matrimonial property, partial rescission, pension claims, Pension Forfeiture, pension interests divorce, Property Division, South African divorce law, spousal misconduct, substantial misconduct, undue benefit, wijker test Marriage Misconduct Costs Husband Dearly: Court Orders Forfeiture of Property and Pension Benefits in M.J.L v L.O.L (22341/19; A288/2023) [2025] ZAGPPHC 331 (27 March 2025). Background: The Marriage and Subsequent Divorce Proceedings The recent High Court judgment in M.J.L v L.O.L (22341/19; A288/2023) ZAGPPHC 331 (27 March 2025) provides valuable insights into how South African… READ MORE
06/08/2024 Bertus Preller Abuse, Adultery, Division of Estate, Divorce, Forfeiture of Benefits, In Community of Property, Infidelity, Maintenance, Rule 43 Asset Division, child maintenance, community of property, court judgment, credibility assessment, Divorce Act, equitable distribution, Forfeiture of benefits, marital contributions, medical aid post-divorce, misconduct, non-financial contributions, pension interest, South African divorce Equitable Division Triumphs: Insights from M.L.M v T.M.M (10864/15) [2024] ZAGPPHC 743 (2 August 2024). Background of the M.L.M v T.M.M Divorce Case The case of M.L.M v T.M.M (10864/15) ZAGPPHC 743 (2 August 2024) involved a divorce proceeding in the High Court of South… READ MORE
06/06/2024 Bertus Preller Divorce, Forfeiture of Benefits, In Community of Property 2024 ZAECMHC 37, Botha v Botha, Case Law, community of property, court judgment, division of property, Divorce Act, divorce judgment, Divorce Law, Eastern Cape Division, Engelbrecht v Engelbrecht, Family Law, Forfeiture of benefits, High Court, joint estate, Legal Analysis, legal appeal, legal precedent, marital benefits, marital home, matrimonial dispute, matrimonial property, pension interest, regional court, Section 9, South Africa, undue benefit, V G v T M, Wijker v Wijker, Z v Z Forfeiture of Benefits in Divorce: Analysis of V G v T M [2024] ZAECMHC 37. Introduction and Background of the Case The case of V G v T M ZAECMHC 37 revolves around an appeal by the appellant, V G, against the judgment rendered by… READ MORE