19/10/2023 Bertus Preller Children, Parental Rights, Relocation Alston Primary School, Alternative Redress, best interests of the child, Children’s Court, Judicial Discretion, Legal Costs, Legal Framework, MM vs NM, Parental Rights, Primary Caregiver, protection order, School Enrollment, Section 28(2) of the Constitution, Section 31 of the Children's Act, Self-Created Urgency, South African Family Law, St. Charles College, Uniform Rule 6, Urgent Application Urgency or Delay? A Deep Dive into a South African Family Law Case Involving Schooling and Parental Rights. MM v NM and Others (15133/23P) ZAKZPHC 117 (18 October 2023) Introduction In a recent case presided over by Davis AJ, MM (the applicant) filed an urgent application against NM… READ MORE
15/10/2023 Bertus Preller Divorce, Interim Maintenance, Maintenance, Mediation, Rule 43, Spousal Maintenance divorce proceedings, Financial contributions, Financial discrepancies, Household expenditures, Inflated claims, interim maintenance, Legal Costs, Legal precedents, Lump sum claims, Marital Assets, Medical coverage, Monthly expenses, Property access, Rule 43, Travel expenses Avoiding Common Pitfalls in Rule 43 Applications: Insights from a Divorce Case Deep Dive for Legal Practitioners K.F v M.F (10237/2037; 4001/2023) ZAWCHC 253 (13 October 2023) The Facts The was an application in terms of Rule 43 of the Uniform Rules of Court, focusing on interim… READ MORE
22/09/2023 Bertus Preller Abuse, Alimony, Children, Divorce, Financial Disclosure, Forfeiture of Benefits, Maintenance, Marriage, Parental Rights, Pension Funds, Settlement agreements, Spousal Maintenance Asset Division, Bertus Preller, Children's Welfare, court order, Divorce, Divorce Attorney Cape Town, Divorce News, Family Law, Legal Costs, maintenance, Marriage Dissolution, Parental Responsibilities, Pension Forfeiture, Property Valuation, Questionable Conduct, Settlement, South African Law, spousal support When Love Goes Sour and Assets Get Tangled: How One Husband’s Questionable Conduct, Refusal to Settle, and Legal Maneuvering Shaped a Divorce Ruling. N.S v M.F.S (20/27078) ZAGPJHC 1044 (19 September 2023) Litigation History The Defendant represented himself, while the Plaintiff had legal representation. The Defendant filed 12 applications against the Plaintiff, most… READ MORE
27/07/2023 Bertus Preller Alimony, Children, Divorce, Interim Maintenance, Maintenance, Parental Rights, Rule 43, Spousal Maintenance, Trusts Adequate Housing, Bertus Preller, child maintenance, Children's Act 38 of 2005, Constitutional Rights, Contact rights, court order, Divorce Attorney Cape Town, Divorce News, divorce proceedings, Equality of Arms, Family Law, financial disclosure, Legal Costs, maintenance, Maintenance Order, Marital Assets, Parental Responsibilities, Primary Residency, right to dignity, Rule 43, South African Law, spousal support Equality of Arms Upheld: Court Orders Husband to Contribute R805,903 Towards Wife’s Legal Costs in Rule 43 Proceedings. Y.M v T.J.M (26526/2022) ZAGPPHC 582 (13 July 2023) The case involved a dispute between two parties identified as Y.M. and T.J.M. This was an application in terms of Rule… READ MORE