04/09/2024 Bertus Preller Divorce, Spoliation business continuity, business premises, civil procedure, counter-spoliation, divorce proceedings, High Court ruling, joint ownership, legal precedent, mandament van spolie, marital dispute, matrimonial property, Mediation, office access, peaceful possession, property developers, property rights, South African Law, spoliation, Urgent Application Office Access Showdown: High Court Settles Spousal Spat in H.J.C v M.C.C (2041/2024) [2024] ZANCHC 79 – (30 August 2024). Background: A Marital Dispute Turned Property Access Saga In the heart of Kimberley, a seemingly routine marital dispute escalated into a complex legal battle over property access, as seen in… READ MORE
24/01/2024 Bertus Preller Adversarial Legal System, Arrears, Children, Contempt of Court, Divorce, Hostile Family Lawyers, Maintenance adversarial litigation, Amicable Solutions, child welfare, Children's Best Interests, Civil Contempt, Collaborative Resolution, Court Order Compliance, Court Order Violation, D.N.Q v P.Q case, Divorce Litigation Costs, divorce proceedings, Electricity Bill Dispute, Emotional Tensions, Family Law, Financial Disputes, Financial Strain, High Court ruling, Legal Costs, Legal Practitioners' Conduct, Legal Professional Responsibility, Legal Representation, Legal Strategy, Litigation Impact, Marital Tensions, Marumoagae AJ, matrimonial home, Mediation, Rule of Law, South African Judiciary Adversarial Litigation in Divorce and Family Law Practitioners’ Conduct: Unpacking – D.N.Q v P.Q (49090/2021) [2024] ZAGPPHC 12 (12 January 2024). Background of the Dispute The case of D.N.Q v P.Q (49090/2021) ZAGPPHC 12, presided over by Marumoagae AJ, emerged from a dispute within the context of a protracted divorce process.… READ MORE
10/01/2024 Bertus Preller Abuse, Adversarial Legal System, Divorce, Forfeiture of Benefits, Pension Funds, Reasons for Dicorce asset allocation, asset forfeiture, community of property, conduct in marriage, divorce assets division, Divorce Law, divorce settlements, emotional abuse, equitable distribution, family court decisions, financial neglect, High Court ruling, legal implications, legal judgment, legal precedent, marital breakdown, marital contributions, marital misconduct, matrimonial property, pension fund interest, property rights, South African Family Law, spousal behaviour, Z v Z case Marriage Misconduct and Asset Forfeiture: A Pivotal Ruling in Z v Z (34253/2010) [2024] ZAGPJHC – 4 (10 January 2024). Case Overview In the High Court of South Africa, Gauteng Division, Johannesburg, the case of Z v Z (Case No: 34253/2010) was presided over by Adams J. The judgment, delivered… READ MORE
10/01/2024 Bertus Preller Divorce, Separation Applications Asset Division, court decision, divorce case study, divorce ruling, fair judgement, Family Law, financial disclosure in divorce, High Court ruling, Judge Thulare, Legal Analysis, legal precedent, Legal proceedings, legal strategy in divorce, matrimonial dispute, matrimonial law, matrimonial relief, Rule 33(4), Rule 43, separation application, South African Law, spousal maintenance, Uniform Rules of Court, urgent divorce application Judge Thulare’s Insightful Ruling on a Separation Application and Fairness in M.V v E.V (nee VS) [2023] ZAWCHC 330 – Divorce Case. – (14 December 2023). BACKGROUND Marriage and Family: The parties, M.V (applicant) and E.V (respondent), were married on 21 October 1995 under an antenuptial contract excluding the accrual system. They had two children, with… READ MORE
20/12/2023 Bertus Preller Antenuptial Contracts, Customary Law, Divorce ante-nuptial contract, civil law, community of property, consent in marriage, court judgment, customary law., customary marriage, Divorce Law, Family Law, High Court ruling, Legal Analysis, legal challenges, legal dispute, legal implications, legal precedent, marital regime, marriage registration, Mashisane v Mhlauli, matrimonial consent, matrimonial property, property rights, RCMA, South African Law, Supreme Court appeal, traditional customs Deciphering Customary vs Civil Marriage in South African Law: An In-Depth Look at Mashisane v Mhlauli (903/2022) [2023] ZASCA 176 (14 December 2023). Court Composition and Hearing The case of Mashisane v Mhlauli was heard by the Supreme Court of Appeal on 8 November 2023, presided over by Justices Mbatha, Mothle, Hughes, Weiner,… READ MORE