28/07/2026 Bertus Preller Alimony, Bystander test, Child Maintenance, Children, Consent paper rectification, Divorce, Divorce settlement agreement, Dum casta clause, Educational expenses divorce, Holiday allowance maintenance, Implied terms contract, Maintenance, Maintenance Court, Maintenance order variation, Medical expenses divorce, rReasonableness of maintenance expenses, Spousal Maintenance best interests of the child, business efficacy, bystander test, citing a trust in litigation, consent paper rectification, contempt of court maintenance, Divorce Attorney Cape Town, divorce settlement agreement, dum casta clause, educational expenses divorce, Endumeni interpretation, family law South Africa, good faith negotiation, holiday allowance maintenance, implied terms contract, maintenance disputes, maintenance order variation, medical expenses divorce, post-divorce litigation, public policy contracts, reasonableness of maintenance expenses, rectification of agreement, RJS v LAS, trustees representative capacity, upper guardian of minor children, variation of consent paper, Western Cape High Court, Wille J, ZAWCHC 377 The Limitless Gold Credit Card Myth: Why “All” Maintenance Expenses Must Still Be Reasonable — R.J.S and Others v L.A.S (A228/2025) [2026] ZAWCHC 377 (27 July 2026). The Facts: A Consent Paper and a Tsunami of Post-Divorce Litigation The judgment of Wille J in R.J.S and Others v L.A.S (A228/2025) ZAWCHC 377 (27 July 2026) arises from… READ MORE
20/01/2025 Bertus Preller Adversarial Legal System, Alternative Dispute Resolution, Anti-Dissipation Interdicts, anti-dissipatory relief, Asset Disclosure, Division of Estate, Divorce, Financial Disclosure, Hiding Assets, Maintenance, Procedural Law, Punitive Cost Orders, Rule 43, Rule 43 Cost Contributions, Rule 58 Alternative Dispute Resolution, asset dissipation, court enforcement, divorce proceedings, early disclosure, equitable outcomes, Family Law, financial asymmetry, financial disclosure, financial disclosure forms, financial fraud, financial information gap, financial transparency, Gauteng Practice Directive, Gender Equality, Maintenance Act, maintenance disputes, Marital Assets, marital estate, matrimonial property, Mediation, POPI compliance, privacy concerns, procedural reform, South Africa, South African Law Reform Commission, spousal maintenance, Trust assets, uberrimae fidei The Financial Information Gap in Family Law: Addressing Inequities and Reforming Disclosure Practices. The Financial Information Gap: Understanding the Core Problem in Family Law Matters The landscape of family law in South Africa faces a critical challenge rooted in the asymmetrical access to… READ MORE
12/06/2024 Bertus Preller Alimony, Appeal, Arbitration, Arrears, Child Maintenance, Divorce, Maintenance, Procedural Law, Procedure, Spousal Maintenance 11 June 2024, 258/2023, access to courts, arbitrability, arbitration, Arbitration Act 42 of 1965, Arrear Maintenance, Divorce Act 70 of 1979, Enforcement, ex lege, Family Law, incidental matters, jurisdiction, legislative provisions, Maintenance Act 99 of 1998, maintenance disputes, matrimonial cause, party autonomy, precedent, public importance, rescission, section 2(a), suspension, variation, VJ v VJ and Another, vulnerable parties, ZASCA 92 Safeguarding Access to Courts in Maintenance Matters: The Supreme Court of Appeal’s Judgement in VJ v VJ and Another (258/2023) [2024] ZASCA 92 (11 June 2024). The Background: A Matrimonial Dispute Turns into an Arbitrability Question The recent judgment in VJ v VJ and Another (258/2023) ZASCA 92 (11 June 2024) has shed light on a… READ MORE
06/02/2024 Bertus Preller Adultery, Child Maintenance, Costs, Divorce, Forfeiture of Benefits, Pension Funds A.R.S vs M.S.S, academic achievements in marriage dynamics, academic qualifications impact, allegations of adultery, benefits forfeiture, child maintenance South Africa, child welfare considerations, community of property adjustments, community property division, division of marital property, divorce analysis South Africa, equitable division in divorce, Family Law, Financial contributions, financial implications of divorce, Government Employees Pension Fund rights, infidelity impact on divorce, legal case insights, legal principles in divorce, legal strategies in divorce, maintenance disputes, marital misconduct, parental responsibilities and rights, pension interest dispute, Polokwane High Court decision, property rights divorce, Rule 43 applications, SIKHWARI AJ judgement, South African Breweries pension Navigating Divorce: A.R.S (born K) v M.S.S (2427/2021) [2024] ZALMPPHC 10 (30 January 2024) and Forfeiture Insights. Introduction and Background of the Case In the matter of A.R.S (born K) vs M.S.S (2427/2021) ZALMPPHC 10, delivered on 30 January 2024 by SIKHWARI AJ, the plaintiff initiated divorce… READ MORE