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
30/01/2025 Bertus Preller Costs, Divorce, Financial Disclosure, Procedural Law, Section 7 Matrimonial Properties Act accrual system, acting justice friedman, asset declaration, Asset Disclosure, beneficial ownership, catch-me-if-you-can principle, company assets, constitutional powers, corporate structures, disclosure obligations, divorce litigation, divorce procedure, divorce proceedings, divorce tactics, financial disclosure, financial transparency, Gauteng High Court, High Court Judgment, interlocutory applications, Judicial Discretion, legal precedent, matrimonial law, matrimonial property, Matrimonial Property Act, Practice Directive, Rule 33(4), Rule 43, section 7 notice, separation application, South African Law, Trust assets Playing Hide and Seek with Assets? High Court Says ‘Game Over!’ – D.M v D.M (2021 043212) [2025] ZAGPJHC 31 (28 January 2025). The Novel Question: When Must a Spouse Comply with a Section 7 Notice? When it comes to financial disclosure in divorce proceedings, some spouses treat their assets like a magician's… READ MORE
24/05/2024 Bertus Preller Counselling, Divorce, Divorce Statistics, Infidelity, Marriage, Reasons for Dicorce active listening, Bertus Preller, communication breakdown, Divorce, divorce lawyer, emotional support, Everyone’s Guide to Divorce and Separation, Family Law, infidelity, infidelity types, James Sexton, Lex Fridman, love, love impermanence, marriage, matrimonial law, modern love, Navigating Relationships, podcast insights, rebuilding trust, relationship advice, Relationship Challenges, relationship resilience, romantic expectations, social media impact, soulmate myth, South Africa, The Diary of a CEO, The Unexpected Counsellor Navigating the Complexities of Love, Marriage, and Divorce: Insights from America’s Top Divorce Lawyer, James Sexton. Introduction As a divorce lawyer with more than 30 years of experience in South Africa, I found listening to James Sexton's discussions on The Diary of a CEO and Lex… 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
02/02/2024 Bertus Preller Anti-Dissipation Interdicts, Divorce, Hiding Assets AB v JB [2016] ZASCA 93; 2016 (5) SA 211 (SCA), alternative remedies, anti-dissipation interdict, anti-dissipation interdicts, anti-dissipation interdicts in divorce cases, asset dissipation, asset management, asset protection, balance of convenience, Carmel Trading case, Carmel Trading Company Ltd v Commissioner for the South African Revenue Services and Others (447/07) [2007] ZASCA 160; [2008] 2 All SA 125 (SCA); 2008 (2) SA 433 (SCA), Cases on dissipation of assets, concealing assets, Dissipation Interdict, divorce law evolution, divorce proceedings, equitable asset distribution, fair settlements, financial practices, Financial Settlements, financial transparency, interim relief, irreparable harm, judicial process, Knox D’Arcy case, Knox D’Arcy Limited v Jamieson [1996] ZASCA 58; 1996 (4) SA 348 (A), Langebrink v Langebrink 2017 JDR 1059 (GJ) and Gernetzky v Gernetzky [2007] JDR 0247 (E), Legal Framework, legal implications, Legal precedents, Legal Requirements, Mareva injunctions, Marital Assets, matrimonial law, Msunduzi Municipality case, Msunduzi Municipality v Natal Joint Municipal Pension Fund 2007 (1) SA 142 (N), negotiation dynamics, prima facie right, RS v MS 2014(2) SA 511 GSJ, safeguarding assets, SR v DR and Another (2980/2007) [2022] ZAGPJHC 172 Safeguarding Marital Assets: The Crucial Role of Anti-Dissipation Interdicts in Divorce Proceedings. Understanding Anti-Dissipation Interdicts An anti-dissipation interdict is an order that prevents a person from disposing of or concealing assets during divorce proceedings. Unlike Mareva injunctions, which prevent a defendant from… READ MORE
10/01/2024 Bertus Preller Divorce, Separation Applications Asset Division, court decision, divorce case study, divorce ruling, fair judgement, Family Law, financial disclosure in divorce, High Court ruling, Judge Thulare, Legal Analysis, legal precedent, Legal proceedings, legal strategy in divorce, matrimonial dispute, matrimonial law, matrimonial relief, Rule 33(4), Rule 43, separation application, South African Law, spousal maintenance, Uniform Rules of Court, urgent divorce application Judge Thulare’s Insightful Ruling on a Separation Application and Fairness in M.V v E.V (nee VS) [2023] ZAWCHC 330 – Divorce Case. – (14 December 2023). BACKGROUND Marriage and Family: The parties, M.V (applicant) and E.V (respondent), were married on 21 October 1995 under an antenuptial contract excluding the accrual system. They had two children, with… READ MORE
01/12/2023 Bertus Preller Children, Divorce Court Applications, Court Decisions, Divorce Cases, Divorce Law, divorce litigation, divorce proceedings, Divorce Trials, Expedient Resolution, Fair Legal Process, Family Court, Judicial Discretion, Legal Issues, Legal proceedings, Legal Separation, Legal Separation Process, matrimonial law, Rule 33(4), Separation Applications, South African Law, Uniform Rules of Court Understanding Separation Applications in Divorce Proceedings: Navigating Rule 33(4) of the Uniform Rules of Court – M.D.A.P.G.S v L.M.D.S (2021/47489) [2023] ZAGPJHC 1373 (24 November 2023). In a recent judgment, the court addressed an interlocutory application concerning a divorce case in South Africa. The application, based on rule 33(4) of the Uniform Rules of Court, sought… READ MORE
22/11/2023 Bertus Preller Alimony, Costs, Divorce, Financial Disclosure, Maintenance, Marriage, Rule 43, Spousal Maintenance 2023 legal cases, divorce proceedings, equitable settlements, family court decisions, Family Law, financial assessments in divorce, financial disclosure, interim maintenance, legal case study, legal obligations, legal transparency, maintenance applications, Marriage Dissolution, matrimonial law, P.P v V.P, Rule 43 Application, South African court ruling, spousal maintenance, spousal support Unmasking Financial Realities in P.P v V.P: A Ruling on Interim Maintenance and Rule 43 (027686/2022) [2023] ZAGPJHC 1345 (21 November 2023). Mia J Rule 43 Application Background of the Case In July 1985, the applicant and respondent were married in community of property. The applicant, who intermittently worked as a school… READ MORE
19/11/2023 Bertus Preller Arrears, Contempt of Court, Divorce, Interim Maintenance, Maintenance, Rule 43, Settlement agreements Binding agreements, Consent Papers, court order, Court order superseding, Court Rulings, Divorce Law, divorce proceedings, divorce settlements, Enforceable agreements, Family Court, Legal advice on divorce, Legal binding, Legal dispute resolution., Legal enforceability, legal implications, Legal precedence, Marital settlements, matrimonial law, new family law cases, Non-court order settlements, Relationship contracts, settlement agreement Divorce Dilemma: Settlement vs. Court Order: Navigating the Binding Complexities in Divorce Cases. – L C v L C (2023004515) 2023 ZAGPJHC 1365 (15 November 2023). SUMMARY OF JUDGMENT A. INTRODUCTION The applicant sought to rescind a contempt of court order that had been granted by Acting Justice Moorcraft on 11 October 2022 under case number… READ MORE
27/10/2023 Bertus Preller Alimony, Divorce, Financial Disclosure, Maintenance, Rule 43, Spousal Maintenance CBD oils business, court judgment, cryptocurrency, deceptive practices., divorce proceedings, Dutton AJ, financial disclosure, financial responsibility, financial transparency, G[...] R[...] business, legal evaluation, maintenance claims, Marital Assets, marital obligations, matrimonial law, non-disclosure consequences, online dating expenditure, South African courts, undisclosed income, Uniform Rule 43 Unraveling Financial Deceit: A Deep Dive into the Uniform Rule 43 Disclosure Case S.K v C.A.K (D3535/2023) ZAKZDHC 78 (20 October 2023) Dutton AJ Introduction An application was made in terms of Uniform rule 43(1). In his sworn statement, the applicant had contended… READ MORE