16/01/2026 Bertus Preller Adultery, Children, Divorce, Divorce Act section 9, Forfeiture of Benefits, Forfeiture patrimonial benefits, In Community of Property, Matrimonial property forfeiture, Pension Funds, Pension Funds Act 24 of 1956, Pension interest, Substantial misconduct, Substantial misconduct, Undue benefit test adultery extra-marital relationship, balancing contributions misconduct, Botha v Botha forfeiture, BS v PS isolated misconduct, credibility assessment divorce proceedings, cumulative misconduct assessment, discretion costs divorce matters, divorce irretrievable breakdown, domestic contributions recognition, duration of marriage neutral factor, family law Gauteng Division, forfeiture patrimonial benefits, homemaker contributions divorce, humiliation spouse dignity, marriage in community of property, Mashola v Mashola holistic approach, Municipal Gratuity Fund, non-financial contributions marriage, partial forfeiture pension only, pension interest forfeiture, procreation with third party, public humiliation Facebook, sale joint estate property, section 9 Divorce Act, social media pregnancy announcement, substantial misconduct divorce, two-step forfeiture test, undue benefit divorce, value judgment forfeiture orders Forfeiture of Pension Benefits for Adultery, Procreation and Public Humiliation via Social Media: E.M v S.M (096891/2024) [2026] ZAGPPHC 8 (12 January 2026). Factual Background: Extra-Marital Relationship and the Birth of a Third Child The parties in this matter were married in community of property on 10 January 2011. Their marriage, which lasted… READ MORE
15/08/2025 Bertus Preller Adultery, Divorce, Forfeiture of Benefits, Forfeiture patrimonial benefits, Matrimonial property forfeiture, Paternity Fraud, Substantial misconduct adultery divorce law, candidate attorney resources, divorce act section 9, divorce appeal court, divorce law practitioners, divorce proceedings South Africa, DNA paternity fraud, extramarital affairs legal consequences, family law South Africa, financial misconduct divorce, forfeiture application evidence, forfeiture patrimonial benefits, GEPF forfeiture, Government Employees Pension Fund, High Court Limpopo, joint estate division, law student materials, marital breakdown irretrievable, marriage community property, matrimonial assets protection, matrimonial misconduct, matrimonial property forfeiture, pension benefits forfeiture, pension interest forfeiture, perjury maintenance court, South African divorce law, substantial misconduct, substantial misconduct definition, undue benefit test Beyond Adultery: When Substantial Misconduct Justifies Total Forfeiture – M.C.M v M.S.M (Appeal) (HCA16/2024) [2025] ZALMPPHC 153 (11 August 2025). Factual Matrix: A Marriage Marred by Infidelity and Deception The parties entered into a marriage in community of property on 19 November 2015, with a significant age disparity - the… READ MORE
12/08/2025 Bertus Preller Divorce, Divorce Act section 9, Forfeiture of Benefits, Forfeiture patrimonial benefits, Gambling addiction, Marital misconduct, Substantial misconduct, Undue benefit test business failure, casino gambling, Child Custody, community of property, divorce act section 9, divorce costs, divorce proceedings, Engelbrecht judgment, estate liquidation, Family Law, financial misconduct, forfeiture patrimonial benefits, gambling addiction, joint estate division, legal precedent, Marital Assets, marital misconduct, marriage breakdown, Matrimonial Property Regime, Parental Rights, property forfeiture, property investment, receiver and liquidator, rental income, spousal contributions, substantial misconduct, undue benefit test, Western Cape High Court, Wijker case Gambling Addiction vs Substantial Misconduct: When Forfeiture Claims Fail in Community of Property Divorces – P.N v D.N (10481/2018) [2025] ZAWCHC 335 (6 August 2025). Factual Matrix: A 20-Year Marriage Marred by Allegations of Compulsive Gambling The matter before Kholong AJ in the Western Cape Division concerned the dissolution of a marriage that had endured… READ MORE