29/11/2024 Bertus Preller Divorce, Procedure, Redistribution Claim amendment applications, amendment costs, amendment of pleadings, amendment rules, civil procedure, court amendments, Court Applications, court process, court rules, divorce amendments, divorce claims, divorce courts, Divorce Law, divorce litigation, divorce pleadings, divorce proceedings, High Court judgments, Judicial Discretion, legal amendments, legal developments, Legal Procedure, matrimonial property, pending divorces, pleadings procedure, procedural law, property claims, property redistribution, redistribution claims, Rule 55A Amending Divorce Pleadings: RVB v JVB (A92/2024) [2024] ZAFSHC Opens Door for Redistribution Claims. Background: Marriage and Divorce Proceedings In October 2009, a couple embarked on their marital journey with a clear legal framework in place. They entered into an antenuptial contract that explicitly… READ MORE
18/07/2024 Bertus Preller Best Interests of the Child, Children, Costs, Parental Rights, Procedure, Rule 43 abuse of process, best interests of the child, Child Custody, child welfare, Constitutional Rights, divorce proceedings, Family Law, forum shopping, High Court, interim orders, Judicial Discretion, Legal Procedure, Legal Strategy, matrimonial matters, regional court, Rule 43, Rule 58, South African Law, urgency Navigating the Maze: Forum Shopping and Urgency in Family Law – Insights from D.G.S.F v M.F and Another (347/2024) [2024] ZAFSHC 207. Background: A High-Stakes Rule 43 Application The case of D.G.S.F v M.F and Another (347/2024) ZAFSHC 207 (2 July 2024) centres on a contentious Rule 43 application in the Free… READ MORE
21/11/2023 Bertus Preller Adversarial Legal System, Alimony, Costs, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43, Spousal Maintenance Affidavit Analysis, Attorney Conduct, child maintenance, Condonation, Constitutional Challenges, Court Rulings, divorce proceedings, Family Law, financial disclosure, interim relief, Legal Ethics, Legal precedents, Legal Procedure, Litigation Tactics, maintenance pendente lite, Procedural Compliance, Prolixity in Affidavits, Rule 30 Challenge, Rule 43 Application, South African High Court Navigating the Complex Waters of Financial Disclosure in Rule 43 Applications and Legal Ethics: A Closer Look at a Landmark Ruling and the Conduct of the Respondent’s Attorney. I P v N P ; In re: N P v I P (16768/2023) ZAWCHC 170 (20 November 2023) Analysis of Rule 30 and Rule 43 Applications Overview of the… READ MORE