05/08/2024 Bertus Preller Abuse, Adultery, Adversarial Legal System, Alternative Dispute Resolution, Children, Costs, Divorce, Domestic Violence, Forfeiture of Benefits, Infidelity, Pension Funds, Reasons for Dicorce court discretion, Divorce, Divorce Act, evidence, financial transparency, forfeiture, Gauteng High Court, joint estate, Judge Wanless, legal precedent, litigation, marriage, matrimonial property, pension interest, pleadings, Property Division, South Africa, spousal contribution, substantial misconduct Forfeiture of Benefits in Divorce: Lessons from T.N v S.N (14166/2019) [2024] ZAGPJHC 703 (24 July 2024). Background of the T.N v S.N Divorce Case The case of T.N v S.N (14166/2019) ZAGPJHC 703 (22 July 2024) involves a divorce action heard in the Gauteng High Court,… READ MORE
31/07/2024 Bertus Preller Actio communi dividundo, Adversarial Legal System, Best Interests of the Child, Children, Costs, Divorce, Hostile Family Lawyers, Marital Regimes, Rule 43 actio communi dividundo, best interests of the child, children's interests, costs order, divorce proceedings, equity, family disputes, Family Law, Gauteng Division, High Court, joint ownership, legal precedent, litigation conduct, matrimonial home, Property Division, property rights, punitive costs, Robson v Theron, Rule 43, scale B costs, South African Law, transfer of property, valuation Dividing the Family Home and Awarding Costs: N M v M M and Another (2023/008561) [2024] ZAGPJHC 1818 Balances Property Rights, Children’s Interests, and Litigation Conduct. The Actio Communi Dividundo: Terminating Joint Ownership During Divorce Proceedings In the recent case of N M v M M and Another (2023/008561) ZAGPJHC 1818 (24 July 2024), the Gauteng… READ MORE
27/07/2024 Bertus Preller Alimony, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance court judgments, Divorce, divorce litigation, Family Law, financial assessment, financial disclosure, full disclosure, interim maintenance, interim relief, legal precedent, Legal proceedings, marital property, matrimonial assets, matrimonial disputes, Mediation, Rule 43, South Africa, spousal support, Uniform Rules of Court Full Disclosure and Reasonableness: Key Lessons from M.Y v J.Y (2024/013982) [2024] ZAGPJHC 684 in Rule 43 Applications (26 July 2024). Background: A Short-Lived Marriage Leads to Rule 43 Application The case of M.Y v J.Y (2024/013982) ZAGPJHC 684 (26 July 2024) revolves around a Rule 43 application filed by the… READ MORE
13/07/2024 Bertus Preller Artificial fertilisation, Best Interests of the Child, Child Maintenance, Children, Guardianship, Life Partnerships, Parental Rights, Same Sex Couples 2024 ZAGPJHC 626, A.V and Another v D.C, artificial fertilisation, AV and NZ, best interests of the child principle, Child's Best Interests, children's act, co-parenting, Constitutional Court, Contact rights, custody disputes, DC, family advocate report, Family Law, family law practitioners, guardianship, identity and birth certificate, international travel consent, judicial decision, Legal Framework, legal precedent, maintenance payments, medical aid dispute, Parental Rights, permanent life partner, Section 21, Section 23, Section 40, South African Law, VJV case Case on Same-Sex Couples and Artificial Fertilisation: A.V and Another v D.C and Others (40522/19) [2024] ZAGPJHC 626 (26 June 2024) – Balancing Parental Rights and Child’s Best Interests Introduction In A.V and Another v D.C and Others (40522/19) ZAGPJHC 626 (26 June 2024), the applicants, AV and NZ, and the first respondent, DC, initially believed that certain sections… READ MORE
21/06/2024 Bertus Preller Alimony, Divorce, In Community of Property, Maintenance, Spousal Maintenance Asset Division, clean break principle, costs award, court discretion, Divorce Act, divorce settlement, earning capacity, financial planning, financial security, financial vulnerability, Gender Equality, health considerations, holistic approach, Judicial Discretion, legal precedent, life-long maintenance, long-term marriage, Marital Assets, medical aid, pension benefits, permanent maintenance, post-divorce living standards, procedural flexibility, quality of life, rehabilitative maintenance, retirement funds, South African divorce law, spousal support, witness credibility Life-Long Spousal Maintenance Upheld: M.T v E.T (8197/2018) [2024] ZAGPJHC 578 (20 June 2024). Background: A 28-Year Marriage Comes to an End The case of M.T v E.T (8197/2018) ZAGPJHC 578 (20 June 2024) presents a moving tale of a long-term marriage's dissolution and… READ MORE
06/06/2024 Bertus Preller Divorce, Forfeiture of Benefits, In Community of Property 2024 ZAECMHC 37, Botha v Botha, Case Law, community of property, court judgment, division of property, Divorce Act, divorce judgment, Divorce Law, Eastern Cape Division, Engelbrecht v Engelbrecht, Family Law, Forfeiture of benefits, High Court, joint estate, Legal Analysis, legal appeal, legal precedent, marital benefits, marital home, matrimonial dispute, matrimonial property, pension interest, regional court, Section 9, South Africa, undue benefit, V G v T M, Wijker v Wijker, Z v Z Forfeiture of Benefits in Divorce: Analysis of V G v T M [2024] ZAECMHC 37. Introduction and Background of the Case The case of V G v T M ZAECMHC 37 revolves around an appeal by the appellant, V G, against the judgment rendered by… 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
15/03/2024 Bertus Preller Best Interests of the Child, Parental Rights, Relocation Australia, Child Custody, child welfare, child's preference, Child's Best Interests, court decision, cross-border custody, cultural integration, Custodian Parent, custody agreement, educational impact, expert evidence, Family Advocate, Family Court, France, Hague Convention, International Relocation, judicial analysis, legal dispute, legal precedent, legal principles, non-custodial parent, parental consent, parental plans, Parental Rights, psychological evaluation, relocation guidelines, RH v NM, South African Family Law Navigating the Waters of International Child Relocation: A Legal Deep Dive into R.H v N.M (12871/2021) [2024] ZAWCHC 77 (11 March 2024). Navigating International Custody Disputes: Insights from RH v NM In the matter of RH v NM, the Western Cape High Court delved into a complex international custody dispute, providing significant… READ MORE
01/03/2024 Bertus Preller Abduction, Children, Hague Convention on the Civil Aspects of International Child Abduction, Parental Rights, Relocation, Views of the Child child custody law, child protection law, child welfare, Children's Best Interests, consent and acquiescence, cross-border family law, custody rights, Family Law, Hague Convention, International Child Abduction, international custody battle, Judicial Discretion, Justice Cloete, Legal Analysis, legal decision-making, legal fairness, Legal Jurisdiction, legal precedent, legal proceedings costs, MB v LC and Another, parental disputes, Plascon-Evans rule, South Africa legal system, wrongful retention Justice Prevails: Navigating International Child Abduction Law with Precision and Compassion. – MB v LC and Another (21586/2023) [2024] ZAWCHC 61 (29 February 2024). Introduction and Background The case adjudicated by Justice J Cloete, delves into a dispute under the Hague Convention on the Civil Aspects of International Child Abduction. This matter revolves around… READ MORE