20/08/2024 Bertus Preller Arrears, Children, Divorce, Maintenance, Pension Funds appellate intervention, Asset Division, child best interests, child support, child welfare, divorce settlement, equitable maintenance, family court High Court Child maintenance, financial assessment, financial fairness, financial proportionality, High Court appeal, Judicial Discretion, Judicial Review, legal obligations, legal precedent, legal reform, magistrate court error, Maintenance Act, maintenance calculation, Maintenance Order, maintenance revision, parental obligations, Parental Rights, pension fund attachment, retirement benefits, retrenchment impact, South African Family Law, Training Layoff Scheme, unemployment consideration Balancing Act: High Court Overturns Punitive Maintenance Order in L.N v N.N (A2923/005472) [2024] ZAGPJHC 772 (19 August 2024). Background: The Divorce Settlement and Initial Maintenance Order The case of L.N v N.N (A2923/005472) ZAGPJHC 772 stems from a divorce settlement reached in August 2022. As part of this… 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