22/09/2023 Bertus Preller Alimony, Divorce, Interim Maintenance, Maintenance, Muslim Marriages, Rule 43, Spousal Maintenance Bertus Preller, Constitutional Court, constitutional invalidity, Divorce Act, Divorce Attorney Cape Town, Divorce Attorney South Africa, Gender Equality, legal precedent, maintenance, matrimonial property, Muslim Marriage, Pendente Lite, Rule 43, Sharia Law, South African Law, spousal support, Talaaq, Women's Legal Centre Trust Rule 43 Unveiled: How One Muslim Marriage Case Redefines Interim Spousal Support and Shakes Constitutional Ground. R.B v S.A.E.R (2023/014603) ZAGPJHC 1041 (18 September 2023) Introduction In a Rule 43 of the Uniform Rules for interim maintenance, the High Court in Johannesburg delved into the complexities… READ MORE
22/09/2023 Bertus Preller Abuse, Alimony, Children, Divorce, Financial Disclosure, Forfeiture of Benefits, Maintenance, Marriage, Parental Rights, Pension Funds, Settlement agreements, Spousal Maintenance Asset Division, Bertus Preller, Children's Welfare, court order, Divorce, Divorce Attorney Cape Town, Divorce News, Family Law, Legal Costs, maintenance, Marriage Dissolution, Parental Responsibilities, Pension Forfeiture, Property Valuation, Questionable Conduct, Settlement, South African Law, spousal support When Love Goes Sour and Assets Get Tangled: How One Husband’s Questionable Conduct, Refusal to Settle, and Legal Maneuvering Shaped a Divorce Ruling. N.S v M.F.S (20/27078) ZAGPJHC 1044 (19 September 2023) Litigation History The Defendant represented himself, while the Plaintiff had legal representation. The Defendant filed 12 applications against the Plaintiff, most… READ MORE
27/08/2023 Bertus Preller Alimony, Arrears, Divorce, Financial Disclosure, Maintenance, Marriage, Pension Funds, Spousal Maintenance, Trusts Annuities Tax Implications, Appeals Court, Asset Base, Bertus Preller, Burden of Proof, Case Law, Cost of Appeal, Divorce Attorney Cape Town, Divorce News, divorce settlement, Economic Uncertainty, Elderly Parties, Family Law, Financial Circumstances, Judgment Reversal, legal precedent, Legal Thresholds, maintenance, Maintenance Order, Pacta Sunt Servanda, South African Law, Trustee, Variation Application CHANGING FORTUNES, UNCHANGED OBLIGATIONS: HOW A COURT ON APPEAL WEIGHED FINANCIAL CIRCUMSTANCES IN VARIATION OF A MAINTENANCE ORDER L.J v P.H.A.J (HCA35/2022) ZALMPPHC 49 (18 July 2023) INTRODUCTION This case was an appeal to the High Court Limpopo Division against the rulings made by an Acting Magistrate, who… READ MORE
27/07/2023 Bertus Preller Alimony, Children, Divorce, Interim Maintenance, Maintenance, Parental Rights, Rule 43, Spousal Maintenance, Trusts Adequate Housing, Bertus Preller, child maintenance, Children's Act 38 of 2005, Constitutional Rights, Contact rights, court order, Divorce Attorney Cape Town, Divorce News, divorce proceedings, Equality of Arms, Family Law, financial disclosure, Legal Costs, maintenance, Maintenance Order, Marital Assets, Parental Responsibilities, Primary Residency, right to dignity, Rule 43, South African Law, spousal support Equality of Arms Upheld: Court Orders Husband to Contribute R805,903 Towards Wife’s Legal Costs in Rule 43 Proceedings. Y.M v T.J.M (26526/2022) ZAGPPHC 582 (13 July 2023) The case involved a dispute between two parties identified as Y.M. and T.J.M. This was an application in terms of Rule… READ MORE
21/04/2023 Bertus Preller Alimony, Interim Maintenance, Maintenance, Marriage, Rule 43, Trusts Divorce, Divorce Attorney Cape Town, Divorce News, Family Law, interim maintenance, maintenance, new case law, Rule 43 Rule 43 Application – Husband’s wealth managed in a Trust taken into consideration. Wife succeeds in claiming R 200 000 per month. S, G N v L, J (Case No: 2023/004861) ZAGPJHC 336 (12 April 2023) The applicant approached the court in terms of Rule 43, seeking interim maintenance and a contribution… READ MORE
09/04/2023 Bertus Preller Alimony, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43 Divorce, Divorce Attorney Cape Town, Family Law, interim maintenance, maintenance, maintenance laws, maintenance pendente lite, Rule 43 Wife looses claim for contribution to costs in Rule 43 application after gambling spree. S.K v J.L.K (3198/23) ZAWCHC 62 (24 March 2023) - THULARE J The requirement in Rule 43 for a just order places a duty not only on the courts but… READ MORE
08/04/2023 Bertus Preller Alimony, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43 contribution to costs, Divorce, Divorce Attorney Cape Town, Divorce News, maintenance, Rule 43 Rule 43 Application and a Contribution to Costs – Recent Case. Y.B v L.B (5413/2020) ZAGPPHC 185 (28 March 2023) The premise was that the disadvantaged litigant should be assisted to get to a position of equality of arms with her… READ MORE
22/03/2023 Bertus Preller Cohabitation, Common Law Marriage in South Africa, Common Law Wife, Interim Maintenance, Life Partnerships, Living Together, Maintenance, Rule 43 Bertus Preller, cohabitation, common law marriage in South Africa, Divorce Attorney Cape Town, Family Law, life-partnership, maintenance Life Partnerships and Maintenance – Dissenting Judgement E.W v V.H [2023] ZAWCHC 58 (17 March 2023) There is no doubt that the matter of E.W v V.H (12272/2022) ZAWCHC 58 (17 March 2023) will advance to the Constitutional Court for clarity on whether a duty of… READ MORE
16/12/2022 Bertus Preller Alimony, Cohabitation, Common Law Wife, Interim Maintenance, Maintenance, Rule 43 cohabitation, common law marriage, common law wife, Divorce Attorney Cape Town, Domestic Partnerships, ex lege duty of support between life-partners, maintenance, permanent opposite-sex life-partnership THE COMMON LAW MARRIAGE IN SOUTH AFRICA NEW DEVELOPMENTS. PART ONE OF FOUR INTRODUCTION In an earlier article I wrote about a landmark case, due to be heard by 3 Judges in the Cape High Court on 20 January… READ MORE
02/12/2022 Bertus Preller Alimony, Arrears, Maintenance arbitration, arbitration clause, Bertus Preller, Divorce, Divorce Attorney Cape Town, Divorce News, divorce settlement agreement, maintenance, maintenance court Maintenance Court’s Jurisdiction Ousted by Arbitration Clause in a Divorce Settlement Agreement. In a recent unreported case, WJVJ vs EVJ and Capitec Bank, case number A58 of 2022 the High Court in Bloemfontein, in an appeal against a judgement of the Maintenance… READ MORE