28/05/2025 Bertus Preller Arrears, Children, Divorce, Interim Maintenance, Islamic Law, Maintenance, Muslim Marriages, Punitive Cost Orders, Rule 43 Acting Judge Van Zyl, attorney client costs, blameworthy conduct, child maintenance, child support enforcement, contempt of court, Contempt Proceedings, curator ad litem, family court orders, family law contempt, family law enforcement, maintenance arrears, maintenance contempt, maintenance default, maintenance defaulters, maintenance enforcement, maintenance obligations, maintenance variation applications, mala fides, periodical imprisonment, punitive costs orders, rental obligations, Rule 43 maintenance, Rule 43 orders, South African Family Law, Suspended Sentence, weekend imprisonment, Western Cape High Court, wilful non-compliance Contempt of Court for Maintenance Default: Weekend Imprisonment and Punitive Costs in S.L v A.C (2024/143281) [2025] ZAWCHC 212 (21 May 2025). Facts The parties were married on 27 April 2009 under Shariah law and have two minor children. Their civil marriage still subsisted, albeit described by Acting Judge Van Zyl as… READ MORE
18/04/2025 Bertus Preller Arrears, Contempt of Court, Costs, Maintenance, Procedural Law, Variation application proceedings, best interests of children, changed financial circumstances, child support, Civil Contempt, constitutional right of access to courts, contempt of court, Court Order Compliance, enforcement mechanisms, eviction risk, family home, Judicial Discretion, leave to appeal, maintenance arrears, maintenance beneficiaries, maintenance enforcement, maintenance obligations, Maintenance Order, mala fides, Parker AJ, periodic imprisonment, Plascon Evans test, purging contempt, South African Family Law, Superior Courts Act, Suspended Sentence, Variation Application, Western Cape High Court, willful non-compliance Contempt Before Variation: E.W v V.T.H (Leave to Appeal) (7333/2024) [2025] ZAWCHC 162 (11 April 2025). Background to the E.W v V.T.H Contempt Application The case of E.W v V.T.H (Leave to Appeal) (7333/2024) ZAWCHC 162 (11 April 2025) highlights the ongoing tension between maintenance obligations… READ MORE
20/03/2025 Bertus Preller Arrears Antenuptial Contract, attachment order, civil imprisonment, contempt of court, contempt sanctions, divorce litigation, divorce proceedings, family law judgment, financial affordability, interim maintenance, Judicial Discretion, Justice Bhoopchand, maintenance arrears, maintenance enforcement, maintenance obligations, maintenance payment shortfall, Mala Fide, Maurice Phillips Wisenberg, non-compliance, paediatricians divorce, parental obligations, PPS order, retirement annuity, Rule 43 Order, South African Family Law, Suspended Sentence, trust fund mechanism, Western Cape High Court, wilful contempt, willfulness in contempt Trust Fund Technicality: How R.A v I.K (8953/2020) [2025] ZAWCHC 123 (19 March 2025) Redefines Contempt in Maintenance Orders. Background: The Tumultuous Divorce Proceedings Leading to the Contempt Application The case of R.A v I.K (8953/2020) ZAWCHC 123 (19 March 2025) provides a compelling glimpse into the often complex… READ MORE
07/12/2024 Bertus Preller Accomodation, Alimony, Arrear Maintenance Variation, Arrears, Children, Divorce, Interim Maintenance, Maintenance, Rule 43, Spousal Maintenance, Variation Rule 43(6) children's rights, constitutional protection, court order variation, custody rights, divorce proceedings, family accommodation, Family Law, financial protection, High Court Judgment, interim relief, judicial precedent, legal precedent, Lekhuleni J, maintenance arrears, maintenance default, matrimonial home, matrimonial property, Minor Children, parental obligations, property rights, Property Transfer, rental accommodation, Rule 43 variation, shelter protection, shelter rights, South African courts, spousal maintenance, unilateral property sale, upper guardian, Western Cape High Court Selling the Family Home? Court Protects Children’s Rights to Shelter in Ruling: MSH v JSH (Reasons) (618/2019) [2024] ZAWCHC 406 (29 November 2024). Background: The Sale of the Matrimonial Home and Rule 43 Variation In a recent Western Cape High Court decision, M.S.H v J.S.H (Reasons) (618/2019) ZAWCHC 406 (29 November 2024), the… READ MORE
13/11/2024 Bertus Preller Alimony, Appeal, Arrear Maintenance Variation, Arrears, Best Interests of the Child, Child Maintenance, Children, Costs, Maintenance, Maintenance Court, Variation child interests, child maintenance, child rights, Constitutional Court, court access, judicial authority, judicial integrity, Legal Practitioners, Maintenance Act, maintenance appeals, maintenance arrears, maintenance beneficiaries, maintenance claims, maintenance compliance, maintenance courts, maintenance default, maintenance discharge, maintenance enforcement, maintenance judgments, maintenance jurisdiction, maintenance law, maintenance obligations, maintenance officers, maintenance orders, maintenance proceedings, maintenance variations, maintenance write-offs, Prescription Period, punitive costs, SS v VV-S Maintenance Orders in South African Law Constitutional Court Jurisprudence and Fundamental Principles Introduction The enforcement of maintenance orders in South Africa has evolved significantly through Constitutional Court jurisprudence. The landmark case SS v VVS 2018 (6)… READ MORE
01/11/2024 Bertus Preller Contempt of Court, Costs, Divorce, Hiding Assets, International Divorce, Procedure, Settlement agreements asset distribution, civil debt, civil imprisonment, civil procedure, constitutional law, contempt of court, court authority, Court Orders, cross-border enforcement, debt enforcement, Divorce Act, divorce litigation, divorce settlement, doctrine of effectiveness, emigration consequences, foreign jurisdiction, international debtor, international divorce, international enforcement, jurisdiction, Justice Wille, Legal Jurisdiction, maintenance arrears, maintenance obligations, matrimonial property, monetary judgments, nulla bona, Saudi Arabia, South African Law, Western Cape High Court From Cape Town to Saudi: Why Your Ex Can’t Be Jailed Abroad – V.L v O.C.V (11677/2006 ; 18206/2007) [2024] ZAWCHC 338 (29 October 2024). Background: A 17-Year-Old Divorce Settlement Gone Wrong Picture this: A divorce settlement from 2006, a respondent who jetted off to Saudi Arabia, and an ex-spouse wielding a court order like… READ MORE
07/11/2023 Bertus Preller Alimony, Arrears, Children, Divorce, Maintenance acquiescence, appeal dismissal, contractual interpretation, contractual obligations, delinquency in payments, divorce settlement, electronic communication, legal principles, maintenance arrears, Non-Variation Clause, private school fees, Shifren clause, South African Family Law, variation agreement Unraveling the Shifren Clause: A South African Case of Divorce Settlement and Maintenance Dispute: The Million Rand Misunderstanding. R.P.C v L.G.Y (A5075/2022) ZAGPJHC 1256 (2 November 2023) Background and Context: Divorce Settlement Agreement: The parties involved had previously entered into a divorce settlement agreement, which was subsequently made… READ MORE