30/09/2025 Bertus Preller Alimony, Civil contempt South Africa, Contempt of Court, Costs, Maintenance, Procedural Law, Rule 43, Rule 43 Contempt, Rule 43 orders, Spousal Maintenance, Unaffordability defence, Variation Rule 43(6) affordability defence evidence, civil contempt South Africa, constitutional rights maintenance, contempt of court, contribution to legal costs, Equality of Arms, Fakie test contempt, financial disclosure requirements, Gauteng High Court Johannesburg, joint estate litigation, judicial integrity, late filing affidavits, maintenance arrears, mala fide conduct, procedural abuse family law, punitive costs order, Rule 43 proceedings, Rule 43(6) variation, section 10 dignity, section 34 access to justice, section 9 equality, spousal maintenance non-payment, suspended sentence contempt, T.F.C v B.J.C 2025, unaffordability defence, Uniform Rules of Court, warrant of arrest maintenance, wilful non-compliance, ZAGPJHC 956 When “I Cannot Afford It” Fails: Contempt, Constitutional Rights and Procedural Abuse in T.F.C v B.J.C (21300/2022) [2025] ZAGPJHC 956 (25 September 2025). From Rule 43 Relief to Repeated Refusal: The Factual Matrix of Mounting Non-Compliance The factual backdrop to this contempt application reveals a distressing pattern of deliberate defiance that began almost… READ MORE
04/08/2025 Bertus Preller Abuse of Process, Alimony, Anti-Dissipation Interdicts, anti-dissipatory relief, Child Maintenance, Children, Divorce, International Divorce, Maintenance, Procedural Law, Spousal Maintenance abuse of process, anti-dissipatory interdict, asset dissipation, asset protection, balance of convenience, Bassani Mining, bona fide expenditure, child maintenance, Colombian marriage law, cost orders, cross-border divorce, divorce proceedings, Family Law, foreign matrimonial regime, Hemiparesis disability, intention requirement, interim interdict, international divorce, jurisdictional requirements, Knox D'Arcy test, KSL v AL, mala fide conduct, matrimonial law, prima facie right, procedural pitfalls, spousal maintenance, urgent applications, Western Cape High Court Title: When Cross-Border Divorces Meet Anti-Dissipatory Interdicts: Intention, Abuse of Process and the Knox D’Arcy Test in T.S v J.V.C.P and Another (20783/24) [2025] ZAWCHC 325 (1 August 2025). Factual Matrix: A Cross-Border Marriage in Crisis This case presents the complexities that arise when a marriage governed by foreign law encounters the South African legal system during dissolution proceedings.… READ MORE