12/11/2024 Bertus Preller Antenuptial Contracts, Antenuptial Contracts, Costs, Divorce, Marital Regimes, Procedural Law, Procedure Antenuptial Contract, attorney misconduct, caveat subscriptor, civil procedure, court costs, divorce proceedings, elderly marriage, explanatory affidavits, factual disputes, legal documents, legal presumptions, legal signatures, legal trust, marriage law, matrimonial disputes, matrimonial property, motion application, motion proceedings, notary, oral evidence, personal relationships, Plascon-Evans rule, professional conduct, property regime, Rule 6(5)(g), signing documents, South African Law, wedding gift, wedding MC, Western Cape High Court From Wedding MC to Legal Emergency: How a Rushed Signature Led to a Marriage Property Crisis – B C B v L L B and Others (15788/2024) [2024] ZAWCHC 206 (11 November 2024). The Marriage and the Disputed Antenuptial Contract - A 90-Year-Old Groom and His 60-Year-Old Bride In a remarkable case that recently came before the Western Cape High Court, a marriage… READ MORE
28/10/2024 Bertus Preller Children, Maintenance, Paternity Fraud, Procedure Access to Justice, affidavits via Zoom, birth certificate amendment, children's act, civil litigation, civil procedure, Constitutional Rights, court modernization, court precedent, digital evidence, divorce settlement, DNA results, DNA testing, electronic evidence, Family Law, High Court Judgment, judicial interpretation, legal presumption, legal presumptions, legal reform, legal technology, maintenance obligations, maintenance payments, parental rights termination, parenting plan, paternity fraud, remote legal procedures, South African Law, virtual commissioning, WhatsApp evidence From WhatsApp to Whoops: How Digital Messages and a Virtual Oath Transformed Paternity Law in VJS v SH (19578/2024) [2024] ZAWCHC 333: Can You Zoom Your Way to Justice? Background: A Paternity Dispute Emerges from WhatsApp Messages In a significant judgment from the Western Cape High Court, a project manager working at the US Embassy in Pakistan sought to… READ MORE
29/07/2024 Bertus Preller Best Interests of the Child, Children, Infidelity, Maintenance, Parental Rights, Paternity Fraud biological father, Botha v Dreyer, Child's Best Interests, children's act, comparative law, DNA testing, Family Law, genetic testing, inheritance rights, legal presumptions, Legal Reforms, maintenance obligations, misattributed paternity, Nel v Jonker, Parental Rights, paternity disputes, paternity law, putative father, South Africa Navigating the Complexities of Paternity Law in South Africa: From DNA Testing to Misattributed Paternity. Introduction to Paternity Law in South Africa Paternity law in South Africa is a multifaceted domain that intersects with various legal, social, and ethical issues. The determination of paternity is… READ MORE