30/08/2026 Bertus Preller Abuse of Process, Alimony, Contumacious conduct, Divorce, Litigation misconduct, Procedural Law, Spousal Maintenance, Substantial misconduct, Substantial misconduct, Vexatious litigation change of front, conduct of parties, costs Rule 28(9), divorce amendment, divorce counterclaim, divorce pleadings, facta probantia, family law South Africa, irrelevant matter, J.P v M.P, Jowell v Bramwell-Jones, leave to amend, maintenance claim, matrimonial misconduct, Moolman v Estate Moolman, no-fault divorce, pleading evidence, Rule 18(4), Rule 23, Rule 28, S.T.H v A.T.H, scandalous allegations, Section 7(2) Divorce Act, spousal maintenance, striking out, Vaatz v Law Society, vexatious pleadings, Western Cape High Court, withdrawal of admission Pleading Fault in a No-Fault Divorce: When Do Conduct Allegations Cross the Line? J.P v M.P (13220/2021) [2026] ZAWCHC 410 (12 August 2026). Few interlocutory judgments manage to say something useful about both civil procedure and substantive family law in the same breath. The recent decision of Greig AJ in the Western Cape… READ MORE
15/08/2025 Bertus Preller Adultery, Divorce, Forfeiture of Benefits, Forfeiture patrimonial benefits, Matrimonial property forfeiture, Paternity Fraud, Substantial misconduct adultery divorce law, candidate attorney resources, divorce act section 9, divorce appeal court, divorce law practitioners, divorce proceedings South Africa, DNA paternity fraud, extramarital affairs legal consequences, family law South Africa, financial misconduct divorce, forfeiture application evidence, forfeiture patrimonial benefits, GEPF forfeiture, Government Employees Pension Fund, High Court Limpopo, joint estate division, law student materials, marital breakdown irretrievable, marriage community property, matrimonial assets protection, matrimonial misconduct, matrimonial property forfeiture, pension benefits forfeiture, pension interest forfeiture, perjury maintenance court, South African divorce law, substantial misconduct, substantial misconduct definition, undue benefit test Beyond Adultery: When Substantial Misconduct Justifies Total Forfeiture – M.C.M v M.S.M (Appeal) (HCA16/2024) [2025] ZALMPPHC 153 (11 August 2025). Factual Matrix: A Marriage Marred by Infidelity and Deception The parties entered into a marriage in community of property on 19 November 2015, with a significant age disparity - the… READ MORE