26/09/2024 Bertus Preller Abuse, Coercive Control, Cultural Abuse, Digital Abuse, Domestic Violence, Domestic Violence, Emotional Abuse, Financial Abuse, Harassment, Physical Abuse, Psychological Abuse Burden of Proof, credibility assessment, domestic violence, Domestic Violence Act, evidence evaluation, High Court Judgment, Judicial Review, legal precedent, legal safeguards, magistrates court, mental health, protection orders, relationship dynamics, South African Law Tipping the Scales: High Court Overturns Domestic Violence Order in K.J.G v J.T.G (A85/2024) [2024] ZAGPPHC 913. Background: A Troubled Marriage and the Domestic Violence Act The case of K.J.G v J.T.G (A85/2024) ZAGPPHC 913 (6 September 2024) offers a poignant glimpse into the complexities of domestic… READ MORE
17/09/2024 Bertus Preller Division of Estate, Divorce, Financial Disclosure, In Community of Property, Marriage, Settlement agreements Asset Division, community of property, Divorce Act, divorce proceedings, elderly couples, fairness in divorce, full disclosure, High Court Judgment, judicial responsibility, judicial scrutiny, late-life divorce, legal precedent, long-term marriage, marital estate, settlement agreement, South African Law, uncontested divorce, voluntary agreement Judicial Vigilance in Late-Life Divorce: Unpacking E.T v S.T (2024/066890) [2024] ZAGPJHC 873 (16 September 2024). The Importance of Full Disclosure in Divorce Settlements The recent judgment in E.T v S.T (2024/066890) ZAGPJHC 873 (16 September 2024) highlights a crucial aspect of divorce proceedings in South… READ MORE
06/08/2024 Bertus Preller Divorce, Procedural Law, Procedure, Recission of Divorce Orders attorney negligence, bona fide defence, civil litigation, contradictory evidence, costs order, court appearance, default judgment, Divorce, forfeiture, High Court Judgment, Legal Representation, matrimonial benefits, procedural missteps, rescission application, Rule 31(2), Rule 42(1)(a), Saloojee principle, South African Law, unopposed divorce Divorce, Dismissal, and Dueling Affidavits: How Attorneys’ Missteps Doomed a Rescission Bid in S.P.M v L.M (Born M) (56859/2021) [2024] ZAGPPHC 729 (2 August 2024). Background: The Divorce Proceedings and Rule 27 Application The case of S.P.M v L.M (Born M) (56859/2021) ZAGPPHC 729 stems from a divorce action initiated in November 2021. The parties… READ MORE
12/07/2024 Bertus Preller Best Interests of the Child, Children, Grandparents Rights, Guardianship, Parental Rights appellate interference, best interests of child, Children’s Court, children's act, Contact rights, court order, Family Advocate, Family Law, fraud, grandparental rights, High Court Judgment, K.R.S v C.L, legal principles, mistake, Parental Rights, rescission application, Section 23 application, settlement agreement, South Africa, void ab initio Grandparent Rights Upheld: High Court Rejects Father’s Bid to Rescind Contact Order in K.R.S v C.L (A186/2023) [2024] ZAGPPHC 627(21 June 2024). Background: The Children's Court Order and Family Dynamics The case of K.R.S v C.L (A186/2023) ZAGPPHC 627 stems from a complex family dispute involving a father, his children's maternal grandmother,… READ MORE
22/03/2024 Bertus Preller Accrual Calculation, Antenuptial Contracts, Divorce accrual system, Antenuptial Contracts, asset exclusion, B F v R F, contract clauses, Divorce, divorce proceedings, equitable distribution, financial analysis, future assets, High Court Judgment, legal interpretation, legal precedent, legal principles, majority judgment, Marital Assets, matrimonial disputes, matrimonial property, matrimonial regime, minority opinion, Property Division, shareholdings, South African Family Law, spousal rights Deciphering Asset Exclusions in Divorce: The Landmark Case of B F v R F (2017/5018A) [2018] ZAGPJHC 699; 2019 (4) SA 145 (GJ) (2 July 2018) and Its Impact on South African Family Law. Introduction, Key Legal Issue, and Antenuptial Contract Asset Exclusion The case of B F v R F delved into the complex interpretation of an antenuptial contract, specifically focusing on a… READ MORE
04/10/2023 Bertus Preller Adversarial Legal System, Children, Divorce, Marriage, Parental Rights, Rule 43 Adversarial Proceedings, Bertus Preller, Child-Centric Divorce, Divorce Attorney Cape Town, Divorce News, Document Submissions, Family Law, High Court Judgment, Legal Narrative, Marital Discord, Parental Coordination, Psychological Intervention, Rule 43 Untangling the Web of Adversary: A High Court Cry for Child-Centric Divorce Proceedings. D.W.A v C.A - Rule 43 Application (1126/2022) ZAECQBHC 53 (26 September 2023) In a recent judgment emanating from the High Court of South Africa, Eastern Cape Local Division - Gqeberha,… READ MORE