27/01/2026 Bertus Preller Adultery, Divorce, Exceptional circumstances separation, In Community of Property, Infidelity, Liquidator, Liquidator, Receiver Divorce, Separation Applications, Separation of issues, Trusts, Trusts accrual system, conceptual separability, convenience test, De Wet NO v Jurgens, divorce litigation, divorce proceedings, divorce South Africa, Estate Sayle, family law South Africa, Gillespie v Gillespie, interim maintenance, joint estate division, marriage in community of property, matrimonial property law, Matrimonial Property Regime, NK v KM, receiver and liquidator, separation of issues, strike date, T.S.Y v L.E.Y, TD v LD, trust assets joint estate, undivided share, Wilson J, ZAGPJHC 34 You Can’t Have Your Divorce and Keep the Estate Too: T.S.Y v L.E.Y (2022/3952) [2026] ZAGPJHC 34 (26 January 2026) on the Inseparability of Divorce and Asset Division in Marriages in Community of Property. The Factual Matrix: A Long-Separated Couple and the Quest for a "Clean" Divorce The applicant, TSY, and the respondent, LEY, married in community of property on 27 July 1989. The… READ MORE
17/01/2026 Bertus Preller Abuse, Contumacious conduct, Costs, Divorce, Domestic Violence, Domestic Violence, Emotional Abuse, Financial Abuse, Forfeiture of Benefits, Forfeiture patrimonial benefits, Harassment, In Community of Property, Marital misconduct, Matrimonial property forfeiture, Physical Abuse, Psychological Abuse, Punitive costs orders, Sexual Abuse, Substantial misconduct, Substantial misconduct, Verbal Abuse costs in divorce, discretion of court, divorce proceedings South Africa, domestic violence, drug and alcohol abuse, duration of marriage, Engelbrecht v Engelbrecht, financial delinquency, financial irresponsibility, Forfeiture of benefits, interim protection orders, marital breakdown, marriage in community of property, Mashola v Mashola, matrimonial property, municipal debt, no-fault divorce, patrimonial benefits, pension benefit misconduct, section 9(1) Divorce Act, spousal abuse, substantial misconduct, transfer of property, two-stage approach, unduly benefited test, value judgment, Wijker principles When Domestic Violence and Financial Delinquency Justify Forfeiture: Analysis of W.M.C.M v U.A.M (7390/2018) [2026] ZAGPPHC 5 (12 January 2026). The Factual Matrix: A Pattern of Misconduct and Financial Delinquency The parties in this matter were married in community of property on 16 December 2000. The marriage endured for approximately… READ MORE
16/01/2026 Bertus Preller Adultery, Children, Divorce, Divorce Act section 9, Forfeiture of Benefits, Forfeiture patrimonial benefits, In Community of Property, Matrimonial property forfeiture, Pension Funds, Pension Funds Act 24 of 1956, Pension interest, Substantial misconduct, Substantial misconduct, Undue benefit test adultery extra-marital relationship, balancing contributions misconduct, Botha v Botha forfeiture, BS v PS isolated misconduct, credibility assessment divorce proceedings, cumulative misconduct assessment, discretion costs divorce matters, divorce irretrievable breakdown, domestic contributions recognition, duration of marriage neutral factor, family law Gauteng Division, forfeiture patrimonial benefits, homemaker contributions divorce, humiliation spouse dignity, marriage in community of property, Mashola v Mashola holistic approach, Municipal Gratuity Fund, non-financial contributions marriage, partial forfeiture pension only, pension interest forfeiture, procreation with third party, public humiliation Facebook, sale joint estate property, section 9 Divorce Act, social media pregnancy announcement, substantial misconduct divorce, two-step forfeiture test, undue benefit divorce, value judgment forfeiture orders Forfeiture of Pension Benefits for Adultery, Procreation and Public Humiliation via Social Media: E.M v S.M (096891/2024) [2026] ZAGPPHC 8 (12 January 2026). Factual Background: Extra-Marital Relationship and the Birth of a Third Child The parties in this matter were married in community of property on 10 January 2011. Their marriage, which lasted… READ MORE
21/11/2025 Bertus Preller 15(2)(a) matrimonial property act, Abuse, Actio communi dividundo, Alienation of immovable property, Dispensing with spousal consent, Divorce, Domestic Violence, Domestic Violence, In Community of Property, Matrimonial Properties Act, Plascon Evans Rule, Section 16(1) actio communi dividundo, alienation of immovable property, bona fide dispute of fact, bound co-ownership, credit agreements joint estate, dispensing with spousal consent, evidentiary burden motion proceedings, family law property disputes, free co-ownership, good cause to dispense with consent, joint estate, joint estate property sale, marriage in community of property, matrimonial property disputes, MEPF case, national credit act section 129, Plascon-Evans principles, prejudice to joint estate, private sale vs execution sale, reinstatement of credit agreement, Rule 46A, sale in execution, section 15(2)(a) matrimonial property act, section 15(2)(f) matrimonial property act, section 16(1) matrimonial property act, spousal consent requirements, unreasonable withholding of consent, withholding consent unreasonably Breaking the Deadlock: When Courts Override a Spouse’s Refusal to Sell Joint Estate Property – J.G.S v S.E.S and Others (A283/2024) [2025] ZAWCHC 543 (21 November 2025). Introduction The Western Cape High Court's decision in J.G.S v S.E.S and Others (A283/2024) ZAWCHC 543 addresses a question of considerable practical importance in South African family law: when may… READ MORE
11/01/2024 Bertus Preller Divorce, In Community of Property, Non-Patrimonial Assets Asset Division, community property, constitutional law, discrimination in marriage, divorce settlements, Family Law, joint estate, legal implications, legal interpretation, legal precedent, legal reform, LH v ZH case, marriage in community of property, marriage law, matrimonial assets, matrimonial property law, matrimonial property regimes, non-patrimonial damages, pre-marital assets, Section 18(a) MPA, South Africa, spousal rights, Supreme Court of Appeal Navigating Matrimonial Property Rights: Insights from the LH v ZH Case – LH v ZH (2022) 1 SA 384 (SCA). OVERVIEW OF THE LH V ZH CASE AND MATRIMONIAL PROPERTY LAW IN SOUTH AFRICA The case of LH v ZH (2022) 1 SA 384 (SCA) presents a pivotal moment in… READ MORE
18/06/2023 Bertus Preller Alimony, Divorce, Forfeiture of Benefits, Pension Funds adultery, Bertus Preller, Divorce, Divorce Attorney Cape Town, Family Law, forfeiture of benefits marriage, infidelity, marriage in community of property, misconduct, unduly benefit marriage Love, Betrayal, and the Law: A Tale of Forfeiture and Financial Deprivation in Matrimonial Property. B.R.B.M v R.K.B.M (19279/2019) ZAGPPHC 403 (5 June 2023) On one hand, the Plaintiff (husband) sought an order of forfeiture of the patrimonial benefits against the Defendant (wife) on the… READ MORE