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
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
24/10/2024 Bertus Preller Adversarial Legal System, Best Interests of the Child, Child Maintenance, Children, Costs, Divorce, Family Law Court System South Africa, Financial Disclosure, Maintenance, Parental Rights, Procedural Law, Settlement agreements, Shared Residency attorney misconduct, attorney responsibility, Children's Best Interests, children's act, court officers, court protocols, court upper guardian, Divorce Act, Divorce Law, divorce maintenance, divorce proceedings, divorce settlements, family advocate investigations, Family Advocate role, Family Law, High Court judgments, judicial criticism, Legal Ethics, legal fees disallowed, legal practice standards, legal practitioner duties, maintenance obligations, professional boundaries, professional conduct, shared custody, shared residency, unopposed divorce, WhatsApp communication Attorney’s WhatsApp Blunder Costs Fees in Shared Residency Battle – P.V.Z v L.V.Z (047502/2024 ; 36830/2022 ; 064524/2023) [2024] ZAGPPHC 1046. Shared Residency: Not Always the Default Solution for Divorced Parents In a groundbreaking judgment delivered by Acting Judge Haupt in P.V.Z v L.V.Z (047502/2024; 36830/2022; 064524/2023) ZAGPPHC 1046, the Gauteng… 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
20/07/2024 Bertus Preller Child Maintenance, Divorce, Marital Regimes, Pension Funds accrual system, Arrear Maintenance, Asset Division, Case Law, community of property, Court Rulings, Divorce Act 70 of 1979, divorce settlements, Family Law, financial landscape, fund depletion, future maintenance, housing loans, legal complexities, Legal precedents, maintenance obligations, maintenance orders, marital dissolution, marital property law, Matrimonial Property Act 88 of 1984, Pension Funds, Pension Funds Amendment Bill 2024, pension interests, retirement benefits, retirement savings, South Africa, South African Law, Two-Pot retirement system The Two-Pot Retirement System and Maintenance: Revolutionising Divorce Settlements in South Africa under the Pension Funds Amendment Bill 2024. Introduction South Africa's financial landscape is on the brink of a significant transformation with the imminent implementation of the Two-Pot retirement system on 1 September 2024. This innovative approach to… READ MORE
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
12/02/2024 Bertus Preller Alimony, Arrears, Children, Divorce, Maintenance, Muslim Marriages, Procedural Law, Rule 43, Spousal Maintenance audi alteram partem, civil marriage, contempt of court, court discretion, COVID-19 impact, divorce proceedings, family law disputes, financial hardship, Gois v Van Zyl, High Court judgement, interim maintenance, legal advice, Legal Costs, legal principles, Legal Representation, maintenance obligations, MEC v Ikamva Architects, procedural missteps, R.A v F.A, rescission application, Rule 43(6) order, Rule 45A, Sharia Law, South African Family Law, Strime v Strime, suspension of maintenance orders, Uniform Rules of Court, Urgent Application, Whitfield v Van Aarde Understanding the Suspension of Maintenance Orders: Insights from – R.A v F.A (14491/2020; 14490/2020; 19594/2021) [2024] ZAWCHC 35 (9 February 2024) – LEKHULENI J. Maintenance Disputes: Navigating Rule 43(6) Orders In the significant legal decision of R.A v F.A, delivered on 9 February 2024 by Lekhuleni J in the Western Cape High Court, the… READ MORE
23/01/2024 Bertus Preller Arrears, Children, Contempt of Court, Divorce, Guardianship, Maintenance, Marriage, Parental Rights Adherence to Court Orders, Attorney and Client Costs, Child's Welfare, Child's Best Interests, Children’s Act 38 of 2005, Constitutional Violation, Contact rights, Contempt of Court Orders, Court Directives, Custodial Sentence, Emotional Strain, Gauteng High Court, Justice Phahlane, Legal Practitioners' Duty, Legal Recourse, Legal System Integrity, maintenance obligations, minor child, Mosopa Order, non-compliance, Parental Responsibilities, Parental Rights, Psychological Impact, Repeated Defiance, Rule of Law, Separation, South African Legal Framework, Urgent Application, Voster Order Justice Prevails: A Landmark Twelve-Month Sentence Upholding the Child’s Best Interests. – B.M.G.S v M.B.S and Others (26675/2022) [2024] ZAGPPHC 24 (8 January 2024). Introduction In this case presided over by Justice Phahlane, the applicant, Mr. S, approached the Gauteng High Court on an urgent basis. The case centred around the contempt of two… READ MORE
02/11/2023 Bertus Preller Alimony, Arrears, Costs, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Marriage, Rule 43, Spousal Maintenance Divorce Act, divorce proceedings, financial disclosure, financial inequity, inheritance, interim maintenance, legal precedent, maintenance obligations, marital contribution, marital standard of living, non-disclosure, ophthalmologist, Rule 43, Section 7(2), South African Family Law, spousal support, Uniform Rules of Court, Urgent Application, variation order Balancing the Scales of Interim Maintenance: A South African Case Study on Inheritance and Rule 43 Orders. L.M v R.D.M (EL789/2022) ZAECELLC 32 (31 October 2023) Case Summary: The applicant, an ophthalmologist, instituted an application seeking, amongst others, variation of an Order granted by Stretch J on… READ MORE