03/07/2025 Bertus Preller Bigamy, Constitutional Court customary law, Customary Law, Customary marriage dissolution, Customary marriage requirements, Customary Marriages, First wife consent, Mayelane precedent, Polygamous marriage, Recognition of Customary Marriages Act, Recognition of Customary Marriages Act, Section 8 RCMA bigamy, civil marriage, competing marriage claims, Constitutional Court, Constitutional Rights, customary law, customary marriage, customary marriage requirements, Deputy Judge President Ratshibvumo, Divorce Decree, equality rights, estate disputes, first wife consent, human dignity, irretrievable breakdown, lobola, marriage registration, marriage validity, matrimonial property, Mayelane precedent, Mpumalanga High Court, polygamous marriage, Recognition of Customary Marriages Act, South African Family Law, subsequent marriages, traditional marriage, widow status First Wife Consent Strikes Again: Constitutional Court’s Mayelane Precedent Upheld in N.R.M v F.N and Others (943/2023) [2025] ZAMPMBHC 53 (17 June 2025). The Factual Matrix: A Tale of Two Marriages and Competing Claims The factual backdrop to this matter presents a complex web of relationships that culminated in competing claims to marital… READ MORE
03/07/2025 Bertus Preller Constitutional Court customary law, Customary Law, Customary marriage dissolution, Customary Marriages, Desertion, Lobola negotiations, Marriage registration, Netshituka principle, Recognition of Customary Marriages Act, Recognition of Customary Marriages Act, Section 8 RCMA, Traditional marriage validity Alexkor case, candidate attorneys, civil marriage nullity, civil marriage void, Constitutional Court customary law, court decree divorce, customary law South Africa, customary marriage dissolution, customary union, desertion marital home, estate administration, estate distribution, family law attorneys, family law practitioners, inheritance rights, irretrievable breakdown, judicial oversight, law students, lobola negotiations, marriage registration requirements, Netshituka principle, polygamous marriages, Recognition of Customary Marriages Act, Section 8 RCMA, spousal consent, Supreme Court appeal, traditional marriage validity Desertion Does Not Dissolve: Eastern Cape High Court Clarifies Customary Marriage Dissolution Requirements in N.N and Others v B.N and Others (3932/2024) [2025] ZAECMHC 46 (5 June 2025). Factual Matrix: A Tale of Two Marriages and Competing Claims to the Deceased Estate This case presents a complex factual scenario involving competing matrimonial claims that unfolded over several decades.… READ MORE
06/05/2025 Bertus Preller Divorce, Interim Maintenance, Maintenance, Procedure, Rule 43, Separation Applications case analysis, convenience requirement, convenience test, court judgment, Divorce Decree, divorce litigation, divorce proceedings, divorce strategy, financial prejudice, irretrievable breakdown, Judicial Discretion, judicial economy, KwaZulu-Natal High Court, Legal Framework, legal implications, marital status, Marriage Dissolution, matrimonial disputes, matrimonial property, matrimonial rights, Mossop J, piecemeal litigation, prejudice assessment, proprietary consequences, Rule 43 Application, separation of issues, South African Family Law, spousal maintenance, Uniform Rule 33(4) “Shackled or Separated? High Court Dismisses Rule 33(4) Application in A.K v R.N (D6036/2023) [2025] ZAKZDHC 15 (30 April 2025)”. Introduction to A.K v R.N: A Case of Separation of Issues in Divorce Proceedings In the recent case of A.K v R.N (D6036/2023) ZAKZDHC 15 (30 April 2025), the KwaZulu-Natal… READ MORE
11/06/2024 Bertus Preller Divorce, Forfeiture of Benefits asset distribution, Beaumont v Beaumont, community of property, court ruling, Divorce, Divorce Act 70 of 1979, divorce settlement, Family Law, financial support, forfeiture, immovable property, irretrievable breakdown, joint estate, Klerck v Klerck, KT v MR, Legal Framework, Legal precedents, legal professionals, M.C.N v G.M.L.N, maintenance, marital breakdown, matrimonial property, misconduct, paternity, patrimonial benefits, pension fund, primary breadwinner, South Africa, substantial misconduct Breaking Down the M.C.N v G.M.L.N (Born M.) (1629/2022) [2024] ZAGPPHC 516 (7 June 2024) Divorce Case: Forfeiture of Patrimonial Benefits in South Africa. Case Summary In the case of M.C.N v G.M.L.N (Born M.) (1629/2022) ZAGPPHC 516 (7 June 2024) the parties were married in community of property in 2000. The marriage lasted… READ MORE