15/06/2024 Bertus Preller Adoption, Best Interests of the Child, Child Maintenance, Children, Maintenance, Parental Rights 3 June 2024, A25/2024, adoption process, best interests of the child, child protection, child welfare, child-centric approach, Children’s Act 38 of 2005, Constitutional Rights, Contemporary Society, de facto adoptions, duty of support, emotional bond, familial arrangements, Family Law, High Court, informal adoptions, Legal Framework, legal obligations, legal recognition, Legal Technicalities, maintenance obligations, parental care, Parental Responsibilities, R S v J S and Others, South African Law, voluntary assumption, ZAWCHC 83 Embracing the Best Interests of the Child: A Legal Analysis of De Facto Adoptions and Maintenance Obligations in R S v J S and Others (A25/2024) [2024] ZAWCHC 83 (3 June 2024). Factual Matrix and Procedural History: A Comprehensive Overview of R S v J S and Others (A25/2024) ZAWCHC 83 (3 June 2024) The judgment of R S v J S… READ MORE
23/05/2024 Bertus Preller Divorce, Muslim Marriages asset redistribution, Child Custody, child welfare, cultural diversity, Divorce, Divorce Act 1979, Divorce Amendment Act 2024, equality, fairness, Family Law, forfeiture of patrimonial benefits, Islamic tenets, justice, Legal Protection, legal recognition, Marital Assets, Muslim marriages, religious practices, South Africa Understanding the New Divorce Amendment Act No. 01 of 2024: Enhancing Legal Protection for Muslim Marriages The Divorce Amendment Act, 2024, marks a significant milestone in the recognition and protection of Muslim marriages in South Africa. By integrating specific provisions for Muslim marriages into the existing… 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
18/01/2024 Bertus Preller Cohabitation, Common Law Marriage in South Africa, Common Law Wife, Life Partnerships, Living Together, Universal Partnership Asset Division, cohabitation, Cohabiting Couples, Contemporary Society, Evolving Norms, Family Law, Historical Origins, Landmark Cases, legal challenges, Legal Framework, Legal Protections, legal recognition, Marriage Alternatives, Modern Relationships, non-marital relationships, Partnership Criteria, Partnership Dissolution, relationship dynamics, Relationship Rights, Roman Law, Roman-Dutch Law, South African Law, Support Obligations, Universal Partnerships UNLOCKING THE LEGAL MYSTERIES OF UNIVERSAL PARTNERSHIPS: NAVIGATING SOUTH AFRICA’S MODERN RELATIONSHIP LANDSCAPE. OVERVIEW OF LEGAL RECOGNITION OF UNIVERSAL PARTNERSHIPS Definition and Essence Universal partnerships, in legal terms, refer to a form of partnership where individuals share their lives and resources in a… READ MORE
18/12/2023 Bertus Preller Life Partnerships, Universal Partnership cohabitation rights, estate disputes, estate management, estate rights, Family Law, inheritance law, joint asset ownership, landmark judgment, legal case analysis, legal precedent, legal recognition, LL v CH N.O., non-marital relationships, partnership outside marriage, property sharing, relationship law, South Africa High Court, South African Law, universal partnership Unveiling the Invisible Ties: How a Landmark Case Redefined Universal Partnerships in South Africa. – L.L v C.H NO and Others (A018010/2023) [2023] ZAGPJHC 1440 (12 December 2023). Introduction In the case involving LL (Appellant) and CH N.O. (First Respondent) among others, the central issue revolved around the existence of a universal partnership between LL and the late… READ MORE