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
25/02/2025 Bertus Preller Customary Law, Customary Marriages, Divorce, Islamic Law, Maintenance, Muslim Marriages, Rule 43, Rule 58, Spousal Maintenance AM v RM case, constitutional family law, custody disputes, Divorce Amendment Act 1 of 2024, divorce case law, divorce legislation, divorce maintenance, divorce proceedings, Essop v Haffejee case, interim relief, Islamic divorce, Islamic law in South Africa, judicial oversight, Legal Jurisdiction, legal precedent, Legal Protections, matrimonial disputes, matrimonial law, Muslim Marriage, Muslim spouses, Muslim women rights, religious divorce, Rule 43, SJ v SE case, South African divorce law, South African Family Law, South African High Court, spousal maintenance, Talaaq, Zaphiriou case South African Court Rules on Talaaq and Rule 43 Interim Relief in Divorce – H.A v N.A (144907/2024) [2025] ZAGPPHC 121 (13 February 2025). Introduction: A Landmark Case on Muslim Marriages and Rule 43 The case of H.A v N.A (144907/2024) ZAGPPHC 121 (13 February 2025) addresses a significant legal question concerning the application… READ MORE
21/02/2025 Bertus Preller Best Interests of the Child, Children, Divorce, Family Law Court System South Africa, Joint Decision Making, Mediation, Parental Coordinator, Parental Rights, Views of the Child Australian family law, bias in PCs, Canadian PCs, child best interests, child welfare, child-centric, co-parenting, Court Orders, dispute resolution, divorce mediation, FAMAC, Family Dispute Resolution Bill, Family Law, financial accessibility, H v H, high-conflict disputes, judicial oversight, Legal Framework, legislative reform, mediation reform, NABFAM, parental conflict, Parental Coordinators, parenting coordination, SALRC, Schneider NO, Section 28(2), South Africa, TC v SC, training PCs Uncharted Guardians: The Rise and Reform of Parental Coordinators in South Africa’s Family Law Frontier. Parental Coordinators in South Africa: Legal Framework and Development Parental Coordinators (PCs) have become an essential mechanism in managing high-conflict parenting disputes in South Africa, particularly after divorce or separation.… READ MORE
30/11/2024 Bertus Preller Anti-Dissipation Interdicts, anti-dissipatory relief, Division of Estate, Divorce, In Community of Property, Interdict, Procedural Law, Procedure Attorney Conduct, auction process, civil procedure, conveyancing, court order, divorce agreement, divorce proceedings, divorce settlement, execution debtor, execution sale, High Court Judgment, judicial fairness, judicial interpretation, judicial oversight, Legal Ethics, legal fairness, legal precedent, market value, matrimonial assets, matrimonial property, procedural fairness, property auction, property dispute, property law, property rights, property rights protection, Property Transfer, Property Valuation, sale in execution, Sheriff's sale, South African Law From R1.5 Million to R1000: How a Divorce Property Sale Went Terribly Wrong – M.R.M v M.F.M and Others (M614/2023) [2024] ZANWHC 289 (26 November 2024). In what could be dubbed "The Case of the Thousand Rand Mansion," the North West High Court recently had to grapple with a property sale that would make any estate… READ MORE
12/06/2024 Bertus Preller Antenuptial Contracts, Customary Law, Customary Marriages, Marital Regimes 25007/2022, accrual system, Antenuptial Contract, arbitrary deprivation, black women, civil marriage, community of property, constitutional scrutiny, customary marriage, financially weaker spouses, Gender Equality, JRM v VVC and Another, judicial oversight, legislative reform, Matrimonial Property Act, Matrimonial Property Regime, racial equality, Recognition of Customary Marriages Act, unfair discrimination Protecting the Vulnerable: JRM v VVC and Another (25007/2022) Exposes the Need for Judicial Oversight in Customary Marriage Property Regimes. The Conundrum: Validity of an 'Antenuptial Contract' Concluded Post-Customary Marriage In the recent case of JRM v VVC and Another (25007/2022), the Gauteng Division of the High Court, Pretoria, grappled… READ MORE
21/05/2024 Bertus Preller Best Interests of the Child, Children, Parental Rights, Procedure, Relocation, Schooling, Urgency, Views of the Child best interests of the child, child contact, child welfare, children's act, court order, court procedure, Divorce, East Rock Trading, Family Advocate, Family Law, Grootboom case, High Court, Johannesburg, judicial oversight, Legal Framework, legal principles, Mediation, Parental Rights, Procedural Compliance, procedural rules, relocation disputes, settlement agreement, shared custody, Uniform Rule 6(12), urgency test, urgent child relocation, Western Cape, ZAWCHC E.L.B v A.V.M (7521/24) [2024] ZAWCHC 132: Implications for Urgent Child Relocation Applications. Background and Context of E.L.B v A.V.M (7521/24) ZAWCHC 132 The Western Cape Division of the High Court of South Africa was tasked with resolving a highly contentious and urgent… READ MORE
01/02/2024 Bertus Preller Division of Estate, Divorce, In Community of Property, Liquidator asset management in divorce, bias in estate division, division of assets, divorce and asset division, divorce and property rights, divorce case study, divorce court duties, divorce proceedings, divorce settlement agreement, equitable asset distribution, equitable division principles, estate liquidation process, family law insights, impartiality in asset division, joint estate division, judicial oversight, legal authority of liquidators, legal challenges in divorce, legal framework for divorce, legal precedents in divorce, liquidator role, marital property act, matrimonial estate division, matrimonial property, powers of liquidator, protecting divorcing parties, resolving marital disputes, safeguarding fairness, South African Family Law Navigating Divorce: The Role of Liquidators / Receivers in the Division of Joint Estates. – S.S.M v P.J N.O and Another (15515/2017) [2023] ZAGPPHC 2024 (18 December 2023). Introduction to the Case and Parties Involved In the matter of S.S.M v P.J N.O and Another (15515/2017) ZAGPPHC 2024 (18 December 2023), the Gauteng Provincial Division of the High… READ MORE