20/07/2024 Bertus Preller Child Maintenance, Divorce, Marital Regimes, Pension Funds accrual system, Arrear Maintenance, Asset Division, Case Law, community of property, Court Rulings, Divorce Act 70 of 1979, divorce settlements, Family Law, financial landscape, fund depletion, future maintenance, housing loans, legal complexities, Legal precedents, maintenance obligations, maintenance orders, marital dissolution, marital property law, Matrimonial Property Act 88 of 1984, Pension Funds, Pension Funds Amendment Bill 2024, pension interests, retirement benefits, retirement savings, South Africa, South African Law, Two-Pot retirement system The Two-Pot Retirement System and Maintenance: Revolutionising Divorce Settlements in South Africa under the Pension Funds Amendment Bill 2024. Introduction South Africa's financial landscape is on the brink of a significant transformation with the imminent implementation of the Two-Pot retirement system on 1 September 2024. This innovative approach to… 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
11/06/2024 Bertus Preller Divorce, Forfeiture of Benefits asset distribution, Beaumont v Beaumont, community of property, court ruling, Divorce, Divorce Act 70 of 1979, divorce settlement, Family Law, financial support, forfeiture, immovable property, irretrievable breakdown, joint estate, Klerck v Klerck, KT v MR, Legal Framework, Legal precedents, legal professionals, M.C.N v G.M.L.N, maintenance, marital breakdown, matrimonial property, misconduct, paternity, patrimonial benefits, pension fund, primary breadwinner, South Africa, substantial misconduct Breaking Down the M.C.N v G.M.L.N (Born M.) (1629/2022) [2024] ZAGPPHC 516 (7 June 2024) Divorce Case: Forfeiture of Patrimonial Benefits in South Africa. Case Summary In the case of M.C.N v G.M.L.N (Born M.) (1629/2022) ZAGPPHC 516 (7 June 2024) the parties were married in community of property in 2000. The marriage lasted… READ MORE
23/03/2024 Bertus Preller Accrual Calculation, Appeal, Divorce, Marital Regimes, Trusts, Trusts accrual system, alter ego trust, Antenuptial Contracts, Asset Concealment, asset protection, Divorce, equitable division, estate calculation, financial manipulation, financial strategy, judicial interpretation, Legal precedents, legal remedies, marital rights, marital wealth, matrimonial disputes, matrimonial property, Paf v Scf, Property Division, South African Law, spouse entitlements, Trust assets, Trust Property Control Act, trust veil Unraveling Trust Assets in Divorce: Navigating South African Matrimonial Law. Trust Assets in Matrimonial Disputes: Navigating South African Legal Waters In South African family law, the treatment of trust assets in matrimonial disputes, particularly during divorce proceedings, presents a complex… READ MORE
06/03/2024 Bertus Preller Children, Divorce, Parental Rights, Same Sex Couples best interests of the child, Case Law, child care, Child Custody, child welfare, child-centric approach, children's act, constitutional principles, contact arrangements, court decision, expert assessment, Family Advocate, Family Court, family disputes, family dynamics, Family Law, judicial scrutiny, Legal Analysis, legal challenges, Legal Framework, Legal precedents, Legal proceedings, Mediation, mental health, Parental Rights, parenting plan, same-sex couples, South Africa, surrogate motherhood Navigating Complex Family Dynamics: Care and Contact and Expert Assessments in Same-Sex Families Section 23 of the Children’s Act. – DR v NM and Another (3358/2024) [2024] ZAWCHC 69 (5 March 2024). Lekhuleni J. Introduction Section 23 of the Children's Act 38 of 2005 emerged as a critical pillar in the court's analysis, offering a legal avenue for individuals seeking contact or care of… READ MORE
26/02/2024 Bertus Preller Divorce, Procedure, Recission of Divorce Orders Case Law, clean hands doctrine, Condonation, Constitutional Rights, Court Orders, Deeds Registries Act, Divorce Decree, divorce proceedings, due process, equitable relief, Family Court, Family Law, Legal Analysis, legal challenges, Legal precedents, Legal proceedings, legal remedies, Legal Representation, matrimonial disputes, matrimonial property, procedural fairness, property rights, rescission of judgment, Rule 31(2)(b), Rule 42(1)(a), service of summons, South African Law, Uniform Rules of Court Unraveling Legal Mysteries: The Rescission of Divorce Decrees in South African Law. – E S v J S (2011/19961) [2024] ZAGPJHC 164 (19 February 2024). Introduction to the Case of E S v J S In the intriguing case of E S v J S (2011/19961) ZAGPJHC 164, adjudicated on 19 February 2024, the court… READ MORE
22/02/2024 Bertus Preller Children, Guardianship, Parental Rights, Same Sex Couples adoption, best interests of the child, child care, child development, child protection, child welfare, child-centric approach, Children’s Act 38 of 2005, Contact rights, Court Rulings, custody rights, emotional well-being, Family Court, family dynamics, Family Law, family structures, foster care, guardianship application, Guardianship Rights, Legal Framework, Legal precedents, legal standing, non-biological guardianship, Parental Responsibilities, psychological assessments, psychological bonds, R.C v H.S.C, stepparent rights, visitation rights Expanding Family Boundaries: Navigating Non-Biological Guardianship Rights – R.C v H.S.C (A5033/22) [2023] ZAGPJHC 219; 2023 (4) SA 231 (GJ). 1. Introduction In this case the High Court delved deeply into the intricacies of guardianship, contact, and care rights under the Children's Act, with a keen focus on the welfare… READ MORE
10/02/2024 Bertus Preller Divorce, Procedural Law, Procedure, Universal Partnership amendment, amendment application, Asset Division, Court Directives, De Klerk v Du Plessis, defence preparation, divorce proceedings, excipiable issues, judicial decision, Judicial Service Commission v Cape Bar Council, legal amendments, Legal Analysis, legal objections, legal practice, Legal precedents, legal ruling, Legal Strategy, litigation, Manyatshe v South African Post Office, non-joinder, particulars of claim, PITMAN AJ, procedural fairness, profit motive, Smith v Conelect, South African Law, special plea, universal partnership Procedural Law – Amending a Particulars of Claim – M-B.F.M v H.P.N.P (5182/2022P) [2024] ZAKZPHC 8 (8 February 2024). Introduction to the Amendment Dispute In a noteworthy case, PITMAN AJ presided over a case that brought to the fore a contentious issue regarding the amendment of the particulars of… READ MORE
02/02/2024 Bertus Preller Anti-Dissipation Interdicts, Divorce, Hiding Assets AB v JB [2016] ZASCA 93; 2016 (5) SA 211 (SCA), alternative remedies, anti-dissipation interdict, anti-dissipation interdicts, anti-dissipation interdicts in divorce cases, asset dissipation, asset management, asset protection, balance of convenience, Carmel Trading case, Carmel Trading Company Ltd v Commissioner for the South African Revenue Services and Others (447/07) [2007] ZASCA 160; [2008] 2 All SA 125 (SCA); 2008 (2) SA 433 (SCA), Cases on dissipation of assets, concealing assets, Dissipation Interdict, divorce law evolution, divorce proceedings, equitable asset distribution, fair settlements, financial practices, Financial Settlements, financial transparency, interim relief, irreparable harm, judicial process, Knox D’Arcy case, Knox D’Arcy Limited v Jamieson [1996] ZASCA 58; 1996 (4) SA 348 (A), Langebrink v Langebrink 2017 JDR 1059 (GJ) and Gernetzky v Gernetzky [2007] JDR 0247 (E), Legal Framework, legal implications, Legal precedents, Legal Requirements, Mareva injunctions, Marital Assets, matrimonial law, Msunduzi Municipality case, Msunduzi Municipality v Natal Joint Municipal Pension Fund 2007 (1) SA 142 (N), negotiation dynamics, prima facie right, RS v MS 2014(2) SA 511 GSJ, safeguarding assets, SR v DR and Another (2980/2007) [2022] ZAGPJHC 172 Safeguarding Marital Assets: The Crucial Role of Anti-Dissipation Interdicts in Divorce Proceedings. Understanding Anti-Dissipation Interdicts An anti-dissipation interdict is an order that prevents a person from disposing of or concealing assets during divorce proceedings. Unlike Mareva injunctions, which prevent a defendant from… READ MORE
02/02/2024 Bertus Preller Appeal, Mootness, Procedure admissibility, appeals, appellate proceedings, civil union, Court Rulings, customary marriage, division of estate, finality in trials, hearsay evidence, Herbstein and Van Winsen, jurisprudence, Legal Framework, Legal precedents, legal principles, lobola, Marital Disputes, matrimonial benefits, matrimonial property, mootness doctrine, N B v T B, Narius Moloto v The Pan Africanist Congress Of Azania, new evidence, practical effect, South African Law, Superior Courts Act, ZAECMHC Navigating Marital Disputes and New Evidence in Appeals: Insights from N B v T B and Another. – N B v T B and Another (2669/2021; CA 81/2022) [2024] ZAECMHC 8 (30 January 2024), also cited as N.P.B v T.I.B and Another – Appeal (CA 81/2022) [2024] ZAECMHC 4 (30 January 2024). Introduction In the case of N B v T B and Another (2669/2021; CA 81/2022) ZAECMHC 8 (30 January 2024), the court was presented with an appeal against the decision… READ MORE