06/05/2025 Bertus Preller Divorce, Interim Maintenance, Maintenance, Procedure, Rule 43, Separation Applications case analysis, convenience requirement, convenience test, court judgment, Divorce Decree, divorce litigation, divorce proceedings, divorce strategy, financial prejudice, irretrievable breakdown, Judicial Discretion, judicial economy, KwaZulu-Natal High Court, Legal Framework, legal implications, marital status, Marriage Dissolution, matrimonial disputes, matrimonial property, matrimonial rights, Mossop J, piecemeal litigation, prejudice assessment, proprietary consequences, Rule 43 Application, separation of issues, South African Family Law, spousal maintenance, Uniform Rule 33(4) “Shackled or Separated? High Court Dismisses Rule 33(4) Application in A.K v R.N (D6036/2023) [2025] ZAKZDHC 15 (30 April 2025)”. Introduction to A.K v R.N: A Case of Separation of Issues in Divorce Proceedings In the recent case of A.K v R.N (D6036/2023) ZAKZDHC 15 (30 April 2025), the KwaZulu-Natal… READ MORE
17/04/2025 Bertus Preller ab initio, Divorce, Marriage, marriage registration, Nullity of marriage, Procedural Law, void marriage ab initio, accrual system, civil marriage, cohabitation, common law presumption, declaratory order, High Court Judgment, Identification Act, Judge Nxumalo, legal certainty, legal formalities, Marriage Act, marriage ceremony, marriage certificate, marriage officer, marriage register, marriage registration, marriage validity, matrimonial disputes, matrimonial property, Northern Cape Division, nullity of marriage, prima facie evidence, rebuttable presumption, South African marriage law, South African matrimonial law, stated case, subsequent marriage, void ab initio, void marriage Marriage Not Registered, Marriage Not Valid: High Court Rules in M.W v C.W (2462/2019) [2025] ZANCHC 34 (11 April 2025). Background of the M.W v C.W Case: A Marriage Validity Dispute The case of M.W v C.W (2462/2019) ZANCHC 34 (11 April 2025) centers around a complex matrimonial dispute that… READ MORE
25/02/2025 Bertus Preller Customary Law, Customary Marriages, Divorce, Islamic Law, Maintenance, Muslim Marriages, Rule 43, Rule 58, Spousal Maintenance AM v RM case, constitutional family law, custody disputes, Divorce Amendment Act 1 of 2024, divorce case law, divorce legislation, divorce maintenance, divorce proceedings, Essop v Haffejee case, interim relief, Islamic divorce, Islamic law in South Africa, judicial oversight, Legal Jurisdiction, legal precedent, Legal Protections, matrimonial disputes, matrimonial law, Muslim Marriage, Muslim spouses, Muslim women rights, religious divorce, Rule 43, SJ v SE case, South African divorce law, South African Family Law, South African High Court, spousal maintenance, Talaaq, Zaphiriou case South African Court Rules on Talaaq and Rule 43 Interim Relief in Divorce – H.A v N.A (144907/2024) [2025] ZAGPPHC 121 (13 February 2025). Introduction: A Landmark Case on Muslim Marriages and Rule 43 The case of H.A v N.A (144907/2024) ZAGPPHC 121 (13 February 2025) addresses a significant legal question concerning the application… READ MORE
12/11/2024 Bertus Preller Antenuptial Contracts, Antenuptial Contracts, Costs, Divorce, Marital Regimes, Procedural Law, Procedure Antenuptial Contract, attorney misconduct, caveat subscriptor, civil procedure, court costs, divorce proceedings, elderly marriage, explanatory affidavits, factual disputes, legal documents, legal presumptions, legal signatures, legal trust, marriage law, matrimonial disputes, matrimonial property, motion application, motion proceedings, notary, oral evidence, personal relationships, Plascon-Evans rule, professional conduct, property regime, Rule 6(5)(g), signing documents, South African Law, wedding gift, wedding MC, Western Cape High Court From Wedding MC to Legal Emergency: How a Rushed Signature Led to a Marriage Property Crisis – B C B v L L B and Others (15788/2024) [2024] ZAWCHC 206 (11 November 2024). The Marriage and the Disputed Antenuptial Contract - A 90-Year-Old Groom and His 60-Year-Old Bride In a remarkable case that recently came before the Western Cape High Court, a marriage… READ MORE
29/08/2024 Bertus Preller Adversarial Legal System, Costs, Maintenance, Procedural Law, Procedure, Rule 43 attorney fees, brevity, case management, court efficiency, divorce proceedings, Family Law, interim relief, Judicial Discretion, judicial rebuke, KwaZulu-Natal High Court, Legal Education, Legal Ethics, Legal Practitioners, matrimonial disputes, Mossop J, procedural abuse, prolixity, Rule 43, South Africa Judicial Crackdown on Verbose Rule 43 Applications: S.M v N.M (D6667/2024) [2024] ZAKZDHC 54 – (28 August 2024) The Essence of Rule 43: Brevity and Expediency in Matrimonial Proceedings In the recent High Court judgment of S.M v N.M (D6667/2024) ZAKZDHC 54 (28 August 2024), Judge Mossop delivered… 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
08/06/2024 Bertus Preller Alimony, Divorce, Domicile, Jurisdiction, Maintenance, Muslim Marriages, Procedural Law, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance Acting Judge Wathen-Falken, Cheshire's Private International Law, conflicts of law, Covid-19, cross-border divorce, Divorce Act 70 of 1979, domicile, domicile of choice, flexible living arrangements, foreign divorce orders, Glen v Glen, interim relief, jurisdiction, legal professionals, lis pendens, Massey v Massey, matrimonial disputes, private international law, remote work, reportable judgment, residence, Rule 43 applications, S.W v S.W, South African divorce law, specialized legal advice Navigating the Complexities of Cross-Border Divorce: An Analysis of the Reportable Judgment in S.H-K v R.K (6170/2023) [2024] ZAWCHC 1 by Wathen-Falken AJ. The Complexities of Divorce Proceedings Across International Borders The case of S.H-K v R.K (6170/2023) ZAWCHC (06 May 2024) highlights the intricacies and challenges that arise when divorce proceedings span… READ MORE
23/03/2024 Bertus Preller Accrual Calculation, Appeal, Divorce, Marital Regimes, Trusts, Trusts accrual system, alter ego trust, Antenuptial Contracts, Asset Concealment, asset protection, Divorce, equitable division, estate calculation, financial manipulation, financial strategy, judicial interpretation, Legal precedents, legal remedies, marital rights, marital wealth, matrimonial disputes, matrimonial property, Paf v Scf, Property Division, South African Law, spouse entitlements, Trust assets, Trust Property Control Act, trust veil Unraveling Trust Assets in Divorce: Navigating South African Matrimonial Law. Trust Assets in Matrimonial Disputes: Navigating South African Legal Waters In South African family law, the treatment of trust assets in matrimonial disputes, particularly during divorce proceedings, presents a complex… READ MORE
22/03/2024 Bertus Preller Accrual Calculation, Antenuptial Contracts, Divorce accrual system, Antenuptial Contracts, asset exclusion, B F v R F, contract clauses, Divorce, divorce proceedings, equitable distribution, financial analysis, future assets, High Court Judgment, legal interpretation, legal precedent, legal principles, majority judgment, Marital Assets, matrimonial disputes, matrimonial property, matrimonial regime, minority opinion, Property Division, shareholdings, South African Family Law, spousal rights Deciphering Asset Exclusions in Divorce: The Landmark Case of B F v R F (2017/5018A) [2018] ZAGPJHC 699; 2019 (4) SA 145 (GJ) (2 July 2018) and Its Impact on South African Family Law. Introduction, Key Legal Issue, and Antenuptial Contract Asset Exclusion The case of B F v R F delved into the complex interpretation of an antenuptial contract, specifically focusing on a… READ MORE