26/10/2025 Bertus Preller Accrual claims, Divorce, Divorce Act 70 of 1979, Matrimonial Property Act 88 of 1984, Member spouse, Non-member spouse, Pension Funds Act 24 of 1956, Pension interest, Procedural Law, Procedure, Referee report, Retirement fund divorce, Section 37D, Settlement agreements, Tax liability pension interest accrual claims, accrual system, C.N.N v N.N, Divorce Act 70 of 1979, divorce settlement agreement, divorce trial court, legislative lacuna pension law, matrimonial property, Matrimonial Property Act 88 of 1984, member spouse, motion court jurisdiction, Ndaba v Ndaba, non-member spouse, Pension Funds Act 24 of 1956, pension funds legislation, pension interest, pension sharing divorce, referee report, retirement benefits divorce, retirement fund divorce, Reynolds v Reynolds, section 3 Matrimonial Property Act, section 37D, section 7(8), South African Family Law, T.M.W v J.J.W, tax liability pension interest, withdrawal benefits tax, ZAGPPHC 1093 2025 When Retirement Funds Cannot Settle Accrual Claims: D E C B v J M B (37464-2020) [2025] ZAGPPHC 1093 (21 October 2025) and the Jurisdictional Dilemma in South African Divorce Law. Factual Matrix: When a Referee's Report Reveals More Questions Than Answers The parties in this matter were married out of community of property with the application of the accrual system… READ MORE
02/07/2025 Bertus Preller Appeal, Divorce, Procedural Law, Procedure, Rule 42 variation application accrual system, appellate procedures, collateral attack judgments, common mistake divorce, costs follow the cause, divorce decree variation, ex tempore judgment, final judgment finality, fraudulent misrepresentation, High Court North West Division, joint estate division, judicial officers function, legal certainty principles, legal representation errors, litigation finality, marriage out of community of property, matrimonial disputes, Matrimonial Property Act 88 of 1984, Matrimonial Property Regime, pleadings integrity, pre-nuptial contract, procedural missteps, property division claims, Rule 42 variation application, South African Family Law, Uniform Rules of Court, Zweni case finality When Variation Applications Fail: The Limits of Rule 42 Common Mistake in K.P.M v O.L.M and Another (Reasons) (1751/2008) [2025] ZANWHC 103 (17 June 2025). The Genesis of the Dispute: A Marriage Out of Community of Property Revisited The roots of this protracted legal dispute stretch back to 7 February 1991, when the applicant and… READ MORE
20/07/2024 Bertus Preller Child Maintenance, Divorce, Marital Regimes, Pension Funds accrual system, Arrear Maintenance, Asset Division, Case Law, community of property, Court Rulings, Divorce Act 70 of 1979, divorce settlements, Family Law, financial landscape, fund depletion, future maintenance, housing loans, legal complexities, Legal precedents, maintenance obligations, maintenance orders, marital dissolution, marital property law, Matrimonial Property Act 88 of 1984, Pension Funds, Pension Funds Amendment Bill 2024, pension interests, retirement benefits, retirement savings, South Africa, South African Law, Two-Pot retirement system The Two-Pot Retirement System and Maintenance: Revolutionising Divorce Settlements in South Africa under the Pension Funds Amendment Bill 2024. Introduction South Africa's financial landscape is on the brink of a significant transformation with the imminent implementation of the Two-Pot retirement system on 1 September 2024. This innovative approach to… READ MORE
27/04/2024 Bertus Preller Accrual Calculation, Divorce, Hiding Assets, Marital Regimes, Trusts, Trusts accrual system, alter ego, asset protection, Badenhorst v Badenhorst, best interests of children, Constitution, Divorce, economic inequality, equality, estate planning, fact-specific enquiry, gender, Judicial Discretion, Matrimonial Property Act 88 of 1984, piercing the trust veneer, RP v DP, sections 9 and 28, sham trust, substantive equality, transformative constitutionalism, trusts, unfair discrimination, Van Zyl v Kaye Piercing the Trust Veneer in Divorce: A Constitutional Approach to Achieving Equity (Matrimonial Property Act 88 of 1984; Badenhorst v Badenhorst 2006 (2) SA 255 (SCA); RP v DP 2014 (6) SA 243 (ECP)). Introduction The accrual system, as set out in the Matrimonial Property Act 88 of 1984 (hereafter referred to as the MPA), is a matrimonial property regime that aims to recognise… READ MORE