03/07/2025 Bertus Preller Customary Law, Customary marriage requirements, Customary Marriages, Marriage registration, Recognition of Customary Marriages Act, Section 8 RCMA, Traditional marriage validity accrual system, African marriage, ante-nuptial contract, civil law, civil marriage, community of property, cultural marriage, customary law, customary marriage, Deeds Office, Family Law, legal concessions, Limpopo High Court, lobola, marital property, Marriage Act, marriage certificate, marriage disputes, marriage regimes, marriage validity, matrimonial law, matrimonial regimes, Property Division, Recognition of Customary Marriage Act, Rule 33, spousal property rights, stated case, traditional marriage, wedding ceremonies When Spouses Cannot Agree on Their Marriage Regime: L.M.P v N.J.D.P (Appeal) (HCAA33/2024) [2025] ZALMPPHC 122 (19 June 2025) and the Impossibility of Concurrent Matrimonial Systems. Factual Matrix: When Spouses Disagree on Their Marriage Regime The dispute in this matter exemplifies a peculiar but increasingly common phenomenon in South African family law where spouses find themselves… READ MORE
27/07/2024 Bertus Preller Alimony, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance court judgments, Divorce, divorce litigation, Family Law, financial assessment, financial disclosure, full disclosure, interim maintenance, interim relief, legal precedent, Legal proceedings, marital property, matrimonial assets, matrimonial disputes, Mediation, Rule 43, South Africa, spousal support, Uniform Rules of Court Full Disclosure and Reasonableness: Key Lessons from M.Y v J.Y (2024/013982) [2024] ZAGPJHC 684 in Rule 43 Applications (26 July 2024). Background: A Short-Lived Marriage Leads to Rule 43 Application The case of M.Y v J.Y (2024/013982) ZAGPJHC 684 (26 July 2024) revolves around a Rule 43 application filed by the… READ MORE
13/06/2024 Bertus Preller Accrual Calculation, Anti-Dissipation Interdicts, anti-dissipatory relief, Appeal, Divorce, Procedural Law accrual system, anti-dissipation interdict, appealability, asset dissipation, constitutional values, constitutionalization, Divorce, evidentiary threshold, exceptional circumstances, fair outcomes, Family Law, intentions, interests of justice, interim orders, judicial accountability, KSL v AL, legal developments, legal principles, marital property, matrimonial disputes, precedents, rule 34 offers, settlement negotiations, South African Law, strategic litigation, Supreme Court of Appeal The SCA Unraveling the Intricacies of Anti-Dissipation Interdicts in Matrimonial Disputes: Lessons from KSL v AL (356/2023) [2024] ZASCA 96 (13 June 2024). The Lowdown: Facts and Background of KSL v AL (356/2023) ZASCA 96 (13 June 2024) The saga of KSL v AL began when KSL (the husband) tied the knot with… READ MORE
27/01/2024 Bertus Preller Alimony, Children, Costs, Maintenance, Parental Rights, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance acrimonious divorce, Asset Division, Child Custody, child maintenance, children's act, Constitutional Rights, court judgment, Divorce, divorce litigation, divorce settlement, Family Advocate, Family Court, Family Law, family trust, financial dependence, financial disclosure, interim maintenance, Legal Costs, Legal Fees, Legal Representation, marital property, marital regime, matrimonial disputes, Mediation, Rule 43, Separation, South Africa, spousal support, Uniform Rules of Court Unravelling the Tangles of Divorce: A South African Rule 43 – Case Study on Interim Maintenance and Legal Costs – T.C v B.C (21300/2022) [2024] ZAGPJHC 48 (25 January 2024). Background In this case, presided over by Mahomed AJ, an application was made for interim maintenance and a contribution toward legal costs, in line with Rule 43 of the Uniform… READ MORE