07/11/2024 Bertus Preller Abuse, Defamation, Domestic Violence, Malicious Prosecution, Physical Abuse actio iniuriarum, Aquilian action, bail conditions, Case Law, civil damages, civil litigation, constitutional damages, court judgments, Court Procedures, criminal allegations, damages quantum, defamation law, divorce consequences, expert evidence, false allegations, false criminal charges, Judicial Discretion, Justice Gamble, Legal Costs, Legal Fees, legal precedent, legal principles, legal remedies, malicious prosecution, non-patrimonial damages, patrimonial loss, psychological damage, pure economic loss, reputational damage, South African courts, Western Cape High Court Defamation Disaster: From Love at Sea to Legal Storm – Court Awards R665K in G.C v J.C and Others (14205/2014) [2024] ZAWCHC 354. Background: From Marriage to Malicious Charges In what reads like a script from a dramatic courtroom series, the tale of an Italian cruise ship head waiter and a South African… READ MORE
30/10/2024 Bertus Preller Best Interests of the Child, Children, Maintenance, Paternity Fraud best interests of child, biological father, child maintenance, child rights, child support, child welfare, children's act, condictio indebiti, Constitutional Rights, court order, DNA evidence, DNA testing, enrichment claims, family bonds, Family Court, family law South Africa, family relationships, fraud claims, Judicial Discretion, legal duty, legal precedent, maintenance claims, maintenance recovery, marriage law, misattributed paternity, Parental Rights, paternity dispute, paternity fraud, paternity testing, Psychological Impact, WhatsApp evidence From Dad to Duped: South Africa’s Legal Dance with Paternity Fraud and the Quest for Truth. Understanding Paternity Fraud in South Africa: What You Need to Know Paternity fraud occurs when a mother, knowing or suspecting the truth, deliberately misidentifies a man as her child's biological… READ MORE
17/09/2024 Bertus Preller Accrual Calculation, Actio communi dividundo, Divorce, Marital Regimes accrual system, actio communi dividundo, Antenuptial Contract, bound co-ownership, divorce proceedings, equitable distribution, Judicial Discretion, marital home, Marriage Dissolution, matrimonial property, Property Division, property rights, South African Law, spousal maintenance Bound by Marriage: The Complex Co-ownership Conundrum in P.N v A.E (20081/2023) [2024] ZAWCHC 266 – (16 September 2024). Background: Marriage, Property Acquisition, and Divorce Proceedings In the case of P.N v A.E (20081/2023) ZAWCHC 266 (16 September 2024), we encounter a dispute between married partners over the termination… READ MORE
13/09/2024 Bertus Preller Asset Disclosure, Division of Estate, Divorce, Hiding Assets, In Community of Property, Recission of Divorce Orders, Settlement agreements Asset Concealment, civil procedure, community of property, contract law, Court Jurisdiction, court order, damages claim, divorce proceedings, divorce settlement, exception, Family Law, financial disclosure, fraud allegations, fraudulent misrepresentation, Judicial Discretion, Legal Ethics, legal precedent, legal remedy, Legal Strategy, Marital Assets, matrimonial property, non-disclosure, professional liability, Public Policy, res judicata, separate action, settlement agreement, South African Law, Western Cape High Court Deception Exposed: L A C v J C [2024] ZAWCHC 143 – (9 September 2024) – Unmasks Fraud in Divorce Settlement Shocker. The Crux of the Case The crux of the case in L A C v J C and Others ZAWCHC 143 was whether the plaintiff could pursue a separate action… READ MORE
29/08/2024 Bertus Preller Adversarial Legal System, Costs, Maintenance, Procedural Law, Procedure, Rule 43 attorney fees, brevity, case management, court efficiency, divorce proceedings, Family Law, interim relief, Judicial Discretion, judicial rebuke, KwaZulu-Natal High Court, Legal Education, Legal Ethics, Legal Practitioners, matrimonial disputes, Mossop J, procedural abuse, prolixity, Rule 43, South Africa Judicial Crackdown on Verbose Rule 43 Applications: S.M v N.M (D6667/2024) [2024] ZAKZDHC 54 – (28 August 2024) The Essence of Rule 43: Brevity and Expediency in Matrimonial Proceedings In the recent High Court judgment of S.M v N.M (D6667/2024) ZAKZDHC 54 (28 August 2024), Judge Mossop delivered… READ MORE
20/08/2024 Bertus Preller Accrual Calculation, Adversarial Legal System, Costs, Divorce, Hostile Family Lawyers, Maintenance, Procedure, Rule 43, Separation Applications, Subpoenas, Trusts accrual calculations, asset valuation, complex divorces, Divorce Decree, Family Law, Financial Disputes, High-net-worth divorce, interim relief, Judicial Discretion, legal precedent, matrimonial property, protracted proceedings, Rule 43 rights, separation order, South Africa, spousal maintenance, strike date, Trust assets, trust law, vexatious litigation Unshackling Dead Marriages: TD v LD and Others (32195/2017) [2024] ZAGPJHC 751 (12 August 2024) – Reshapes High-Net-Worth Divorces in South Africa. Background: A Protracted Divorce Battle The case of TD v LD and Others (32195/2017) ZAGPJHC 751 (12 August 2024) highlights the complexities and challenges of high-net-worth divorces in South Africa.… READ MORE
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
13/08/2024 Bertus Preller Best Interests of the Child, Children, Family Law Court System South Africa, Grandparents Rights, Mediation, Parental Rights, Procedural Law, Urgency, Views of the Child Alternative Dispute Resolution, bereavement, best interests of the child, child access, Child Custody, child law, child welfare, children's act, Court Procedures, extended family rights, Family Court, family disputes, Family Law, family relationships, grandparents' rights, Judicial Discretion, legal delay, legal precedent, Legal Procedures, legal urgency, Mediation, parental death, procedural requirements, Self-Created Urgency, South African Law, Urgent Application, urgent court roll, Western Cape High Court Urgency Dismissed in Grandparents’ Access Case: E.S and Others v P.S and Another (16138/24) [2024] ZAWCHC 201 (12 August 2024). Background: A Family's Struggle for Contact After Tragedy In the heart-wrenching case of E.S and Others v P.S and Another (16138/24) ZAWCHC 201 (12 August 2024), the Western Cape High… READ MORE
18/07/2024 Bertus Preller Best Interests of the Child, Children, Costs, Parental Rights, Procedure, Rule 43 abuse of process, best interests of the child, Child Custody, child welfare, Constitutional Rights, divorce proceedings, Family Law, forum shopping, High Court, interim orders, Judicial Discretion, Legal Procedure, Legal Strategy, matrimonial matters, regional court, Rule 43, Rule 58, South African Law, urgency Navigating the Maze: Forum Shopping and Urgency in Family Law – Insights from D.G.S.F v M.F and Another (347/2024) [2024] ZAFSHC 207. Background: A High-Stakes Rule 43 Application The case of D.G.S.F v M.F and Another (347/2024) ZAFSHC 207 (2 July 2024) centres on a contentious Rule 43 application in the Free… READ MORE
22/06/2024 Bertus Preller Abduction, Best Interests of the Child, Children, Emotional Abuse, Hague Convention on the Civil Aspects of International Child Abduction, Parental Rights, Procedural Law, Psychological Abuse, Relocation Article 13(b), best interests of child, Central Authority, child abduction, constitutional law, cross-border custody, developmental delays, evidentiary standards, grave risk exception, habitual residence, Hague Convention, international family law, international treaties, Judicial Discretion, post-partum depression, prompt return principle, Protective Measures, South Africa, Supreme Court of Appeal, undertakings Solomon’s Dilemma in the Digital Age: SCA Navigates International Child Abduction in C.A.R v Central Authority (737/2023) [2024] ZASCA 103 (21 June 2024). Background of the Case: What Led to the Supreme Court of Appeal? In the annals of legal history, cases involving child custody (care and contact) often evoke the wisdom of… READ MORE