04/08/2025 Bertus Preller Abuse of Process, Alimony, Anti-Dissipation Interdicts, anti-dissipatory relief, Child Maintenance, Children, Divorce, International Divorce, Maintenance, Procedural Law, Spousal Maintenance abuse of process, anti-dissipatory interdict, asset dissipation, asset protection, balance of convenience, Bassani Mining, bona fide expenditure, child maintenance, Colombian marriage law, cost orders, cross-border divorce, divorce proceedings, Family Law, foreign matrimonial regime, Hemiparesis disability, intention requirement, interim interdict, international divorce, jurisdictional requirements, Knox D'Arcy test, KSL v AL, mala fide conduct, matrimonial law, prima facie right, procedural pitfalls, spousal maintenance, urgent applications, Western Cape High Court Title: When Cross-Border Divorces Meet Anti-Dissipatory Interdicts: Intention, Abuse of Process and the Knox D’Arcy Test in T.S v J.V.C.P and Another (20783/24) [2025] ZAWCHC 325 (1 August 2025). Factual Matrix: A Cross-Border Marriage in Crisis This case presents the complexities that arise when a marriage governed by foreign law encounters the South African legal system during dissolution proceedings.… READ MORE
13/06/2024 Bertus Preller Accrual Calculation, Anti-Dissipation Interdicts, anti-dissipatory relief, Appeal, Divorce, Procedural Law accrual system, anti-dissipation interdict, appealability, asset dissipation, constitutional values, constitutionalization, Divorce, evidentiary threshold, exceptional circumstances, fair outcomes, Family Law, intentions, interests of justice, interim orders, judicial accountability, KSL v AL, legal developments, legal principles, marital property, matrimonial disputes, precedents, rule 34 offers, settlement negotiations, South African Law, strategic litigation, Supreme Court of Appeal The SCA Unraveling the Intricacies of Anti-Dissipation Interdicts in Matrimonial Disputes: Lessons from KSL v AL (356/2023) [2024] ZASCA 96 (13 June 2024). The Lowdown: Facts and Background of KSL v AL (356/2023) ZASCA 96 (13 June 2024) The saga of KSL v AL began when KSL (the husband) tied the knot with… READ MORE