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
26/02/2024 Bertus Preller Divorce, Procedure, Recission of Divorce Orders Case Law, clean hands doctrine, Condonation, Constitutional Rights, Court Orders, Deeds Registries Act, Divorce Decree, divorce proceedings, due process, equitable relief, Family Court, Family Law, Legal Analysis, legal challenges, Legal precedents, Legal proceedings, legal remedies, Legal Representation, matrimonial disputes, matrimonial property, procedural fairness, property rights, rescission of judgment, Rule 31(2)(b), Rule 42(1)(a), service of summons, South African Law, Uniform Rules of Court Unraveling Legal Mysteries: The Rescission of Divorce Decrees in South African Law. – E S v J S (2011/19961) [2024] ZAGPJHC 164 (19 February 2024). Introduction to the Case of E S v J S In the intriguing case of E S v J S (2011/19961) ZAGPJHC 164, adjudicated on 19 February 2024, the court… READ MORE
17/02/2024 Bertus Preller Adversarial Legal System, Arrears, Contempt of Court, Divorce, Interim Maintenance, Maintenance, Rule 43 child maintenance, child welfare, contempt of court, court authority, court judgments, court orders compliance, divorce disputes, divorce proceedings, enforcement of court orders, Family Court, Family Law, financial capacity, interim relief, legal advice, Legal Ethics, legal obligations, Legal proceedings, Legal Representation, legal sanctions, Legal Strategy, maintenance orders, matrimonial disputes, matrimonial litigation, non-compliance consequences, parental obligations, paternal grandparents, personal responsibility, Rule 43 Application, South African Law Contempt and Conduct in Divorce Disputes: Navigating the Thin Line Between Legal Obligations and Personal Responsibility. – J.S.H v M.S.H and Others (1308/2024) [2024] ZAWCHC 42 (16 February 2024). Background and Proceedings Initiated The case of J.S.H v M.S.H and Others, heard in the Western Cape High Court on 26 January 2024, under the judgment of Adhikari AJ, arose… READ MORE
09/02/2024 Bertus Preller Costs, Division of Estate, Divorce, In Community of Property, International Divorce, International Divorce, Liquidator, Marital Regimes, Procedural Law Antenuptial Contract, Bertus Preller, cross-border marriage, divorce proceedings, expert evidence, F. Bezuidenhout AJ, financial disclosure, foreign marriage, full disclosure, immediate division, international private law, landmark case, legal precedent, legal principles, Lex Domicilii Matrimonii, matrimonial consequences, matrimonial disputes, matrimonial domicile, matrimonial law, matrimonial property, Matrimonial Property Act, MPA, new case, new judgement, procedural law, Rule 36(9), Rule 43 applications, South African Law, Substantive Law Deciphering L.E v L.A (1884/2018) [2024] ZAGPJHC 104 (9 February 2024): A Landmark Case on Foreign Marriages and South African Property Law. – 9 February 2024. Introduction to the Case In a landmark decision that navigates the intersection of matrimonial law and international private law, the High Court of South Africa, Gauteng Division, Johannesburg, was presented… READ MORE
27/01/2024 Bertus Preller Abuse, Adultery, Coercive Control, Costs, Divorce, Emotional Abuse, Financial Abuse, Forfeiture of Benefits, In Community of Property, Infidelity, Physical Abuse, Psychological Abuse, Reasons for Dicorce Asset Division, asset forfeiture in divorce, court evidence, court judgments, divorce case analysis, Divorce Law, divorce litigation, divorce outcomes, divorce settlements, equitable distribution, extra-marital affairs, family court dynamics, family law case studies, forfeiture, legal implications, Legal proceedings, Legal Strategy, marital breakdown, Marriage Dissolution, matrimonial conduct, matrimonial disputes, patrimonial benefits, personal conduct, physical abuse, protection orders, South African Family Law, spousal allegations, spousal behavior, spouse behavior in divorce Infidelity, Abuse, and Forfeiture: Behind the Gavel – Deciphering the Role of Personal Conduct in Divorce Outcomes in South African Courts. – M.F.B v J.B (5674/2016) [2024] ZALMPPHC 7 (24 January 2024). Background and Claims In the case presided over by Naude-Odendaal J, the Plaintiff M.F.B filed for divorce against the Defendant J.B on 23 November 2016. The Plaintiff sought a decree… 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
12/01/2024 Bertus Preller Costs, Divorce, Interim Maintenance, Maintenance, Rule 43, Rule 43 Cost Contributions A.F v M.F, Case Law, constitutional principles, contribution quantum, divorce litigation, Equality of Arms, EVG v AJJV, fairness in divorce, Family Law, financial disparity, gender dynamics, interim maintenance, J.K v E.S.K, Judicial Discretion, L.B v D.F.B, Legal Costs, legal expenses, Legal Representation, matrimonial disputes, matrimonial support, past legal costs, Rule 43, South African Law, technological advancements Understanding Rule 43: The Framework for Legal Cost Contributions in Divorce Litigation. INTRODUCTION In the realm of matrimonial law, Rule 43 of the Uniform Rules of Court stands as a pivotal mechanism, designed to address the financial imbalances that often arise during… READ MORE
07/12/2023 Bertus Preller Children, Divorce Alternative Dispute Resolution, arbitration advantages, arbitration finality, arbitration flexibility, arbitrator selection, confidentiality in family disputes, cost-effective solutions, court system relief, dispute resolution, expedited process, fact-oriented resolution, family law arbitration, family law expertise, Legal Representation, matrimonial disputes, private family matters, private ordering, public interest, reduced trauma, user-friendly approach Navigating New Horizons: The Emergence of Arbitration in Matrimonial Dispute Resolution in South Africa. Introduction: Exploring the Need for Family Law Arbitration The traditional adversarial system of litigation, while effective in various legal domains, often falls short in addressing the unique complexities and emotional… READ MORE