24/08/2024 Bertus Preller Accrual Calculation, Antenuptial Contracts, Antenuptial Contracts, Commencement Values, Division of Estate, Divorce, Pacta sunt servanda, Prenuptial Afreement accrual claims, accrual system, antenuptial agreements, Antenuptial Contracts, asset valuation, commencement values, conclusive proof, court judgments, divorce litigation, divorce proceedings, Family Law, financial disclosure, financial transparency, forensic accountants, Legal Framework, legal interpretation, Manelis case, matrimonial assets, Matrimonial Property Act, matrimonial property law, Maxted v Maxted, Olivier v Olivier, prima facie proof, property settlements, Section 6, South African Law, spousal maintenance, Thomas v Thomas, TN v NN Accurate Commencement Values in Antenuptial Contracts: Legal Interpretations and Implications Explored in TN v NN and Others 2018 (4) SA 316 (WCC). The Purpose and Role of Commencement Values in Antenuptial Contracts Commencement values play a crucial role in the implementation of the accrual system in South African matrimonial property law. As… READ MORE
12/06/2024 Bertus Preller Best Interests of the Child, Child maintenance against a deceased estate, Children, Costs, Exceptions, Maintenance, Maintenance Claims On Death, Procedure actuarial reports, best interests of the child, child maintenance, child support, children’s act, common law duty, Constitution Section 28(2), court analysis, Court Rulings, deceased estates, estate disputes, estate management, estate obligations, executors’ responsibilities, Family Law, Family Law cases, family law framework, financial needs, L.L v A.J.M, legal interpretation, legal obligations, Legal precedents, legal principles, maintenance calculations, maintenance claims, maintenance law, parental duty, South African Family Law, ZAGPPHC 523 Maintenance Claims Against Deceased Estates: Analysis of L.L v A.J.M and Others (014357/2022) [2024] ZAGPPHC 523 (7 June 2024). Background and Context of the Case The case L.L v A.J.M and Others (014357/2022) ZAGPPHC 523 (7 June 2024) involves a dispute over the maintenance claims made by L L,… READ MORE
22/03/2024 Bertus Preller Accrual Calculation, Antenuptial Contracts, Divorce accrual system, Antenuptial Contracts, asset exclusion, B F v R F, contract clauses, Divorce, divorce proceedings, equitable distribution, financial analysis, future assets, High Court Judgment, legal interpretation, legal precedent, legal principles, majority judgment, Marital Assets, matrimonial disputes, matrimonial property, matrimonial regime, minority opinion, Property Division, shareholdings, South African Family Law, spousal rights Deciphering Asset Exclusions in Divorce: The Landmark Case of B F v R F (2017/5018A) [2018] ZAGPJHC 699; 2019 (4) SA 145 (GJ) (2 July 2018) and Its Impact on South African Family Law. Introduction, Key Legal Issue, and Antenuptial Contract Asset Exclusion The case of B F v R F delved into the complex interpretation of an antenuptial contract, specifically focusing on a… READ MORE
22/03/2024 Bertus Preller Accrual Calculation, Antenuptial Contracts, Divorce accrual system, Antenuptial Contract, asset calculation, Asset Division, commencement assets, commencement value, contractual terms, court judgment, Divorce, divorce litigation, estate accrual, Estate Valuation, Family Law, Financial Disputes, Legal Analysis, legal interpretation, legal precedent, marital agreements, Marriage Dissolution, matrimonial property, property exclusion, South African Law, spousal rights, T.N v N.G Commencement Values in Divorce: Analysing T.N v N.G (formerly N) and Others (18159/2013) [2018] ZAWCHC 29; 2018 (4) SA 316 (WCC) (12 March 2018) and the Impact on Antenuptial Contract Interpretation in South Africa. Introduction and Facts In the case of T.N v N.G (formerly N) and Others, the Western Cape Division of the High Court in Cape Town presided over a divorce action… READ MORE
17/03/2024 Bertus Preller Best Interests of the Child, Children best interests, child advocacy, child development, child protection, child rights, child welfare, child-sensitive justice, children’s act, Constitutional Court, court judgments, cultural influences, custody disputes, educational well-being, Family Law, forensic social work, interdisciplinary approach, judicial decisions, Legal Analysis, legal guidelines, legal interpretation, legal principles, normative values, paramount consideration, Parental Rights, psychological assessment, socio-economic factors, South African Law Child-Centric Justice: Interpreting the Best Interests of the Child in South African Law. South African courts have long had experience in applying the “best interests” principle in matters such as custody or maintenance. In our new constitutional order, however, the scope of the… READ MORE
01/02/2024 Bertus Preller Customary Marriages constitutional values, cultural diversity, cultural practices, customary law, customary marriages, dignity, equality, estate administration, estate executrix, Family Law, inheritance, judicial decisions, Khashane v Minister of Home Affairs, legal challenges, Legal Framework, legal interpretation, legal precedent, Legal Procedures, Legal Protection, legal recognition, lobola negotiations, marital rights, marriage registration, posthumous registration, Recognition of Customary Marriages Act, South African Law, spousal rights, surviving spouse rights, traditional marriages Securing Rights Beyond Life: The Landmark Case for Posthumous Registration of Customary Marriages in South Africa. – Khashane v Minister of Home Affairs and Others (052246/2023) [2024] ZAGPPHC 3 (12 January 2024). Introduction to the Application for Posthumous Registration of a Customary Marriage In the case of Khashane v Minister of Home Affairs and Others (052246/2023) ZAGPPHC 3 (12 January 2024), the… READ MORE
31/01/2024 Bertus Preller Child Maintenance, Children, Review Court of public opinion, Default order dispute, Fair hearing principles, high court rulings, Judge APS Nxumalo, judicial decision-making, Jurisdictional analysis, Legal argument analysis, Legal blog content, legal case study, legal interpretation, Legal precedent analysis, Legal procedural fairness, Legal remedy exclusivity, Legal review, Legal rights in divorce, Locus standi in law, Maintenance Act 1998, Maintenance court procedures, Maintenance order challenge, Procedural irregularities, Section 18 Maintenance Act, South African Family Law, South African High Court, South African legal analysis, South African Maritime Safety Authority v McKenzie, Statutory obligation interpretation, Statutory remedies, Thomas v Balepile Unraveling Justice: The Thomas v Balepile Case and South Africa’s Maintenance Law Maze. – Thomas v Balepile (61/2021; CA&R 68/23) [2024] ZANCHC 4 (26 January 2024). Introduction In a recent and significant decision, Thomas v Balepile (61/2021; CA&R 68/23) ZANCHC 4, delivered on 26 January 2024, the High Court of South Africa, Northern Cape Division, under… READ MORE
24/01/2024 Bertus Preller Child Maintenance, Children, Maintenance Case Law Analysis, Cause of Action, Court Procedures, Court Rulings, Courtroom Tactics, Defense Strategy, Exception Handling, Exception Success, Judicial Reasoning, Legal Claims, Legal Clarification, Legal Disputes, Legal Doctrine, Legal Exceptions, Legal Framework, legal interpretation, Legal Obstructions, Legal precedents, legal principles, Legal Technicalities, Litigation Process, Litigation Strategy, Over-Technical Approach, Pleading Challenges, Pleading Sufficiency, Pleadings Assessment, Procedural Tactics, Substantive Law, Substantive Questions Navigating Parental Maintenance Obligations and Mastering Legal Exceptions: The KGANYAGO J Judgment in Context. – U.DJ v J.H.O (9169/2022) [2024] ZALMPPHC 2 (15 January 2024). Background and Plaintiff’s Claims The case involves the plaintiff and defendant, who are the parents of a child now of majority age. Following the breakdown of their relationship, the child… READ MORE
21/01/2024 Bertus Preller Divorce, Marital Regimes, Same Sex Couples Civil Rights, Constitutional Democracy, constitutional law, Diverse Families, equality, Family Law, Gay Rights, Gender Equality, Gender Identity, Human Rights, Inclusive Legislation, Judicial Review, legal advocacy, legal interpretation, Legal Protection, legal reform, Legal Update, Lesbian Rights, Lex Domicilii Matrimonii, LGBTQ+ Rights, marriage law, matrimonial property law, Matrimonial Property Regime, Non-Discrimination, Roman-Dutch Law, Same-Sex Marriage, South Africa, spousal rights, Transgender Rights Reforming Lex Domicilii Matrimonii: A Step Towards Equality in South African Matrimonial Law. Introduction In the ever-evolving domain of South African family law, the concept of matrimonial property regimes, primarily governed by the principle of lex domicilii matrimonii, stands at the crossroads of… READ MORE
11/01/2024 Bertus Preller Divorce, In Community of Property, Non-Patrimonial Assets Asset Division, community property, constitutional law, discrimination in marriage, divorce settlements, Family Law, joint estate, legal implications, legal interpretation, legal precedent, legal reform, LH v ZH case, marriage in community of property, marriage law, matrimonial assets, matrimonial property law, matrimonial property regimes, non-patrimonial damages, pre-marital assets, Section 18(a) MPA, South Africa, spousal rights, Supreme Court of Appeal Navigating Matrimonial Property Rights: Insights from the LH v ZH Case – LH v ZH (2022) 1 SA 384 (SCA). OVERVIEW OF THE LH V ZH CASE AND MATRIMONIAL PROPERTY LAW IN SOUTH AFRICA The case of LH v ZH (2022) 1 SA 384 (SCA) presents a pivotal moment in… READ MORE