13/09/2026 Bertus Preller Appeal, Appealability, Civil procedure., Condemnation application, Default judgment., Divorce, Divorce settlement agreement, Leave to appeal Superior Courts Act, Nullity of divorce order, Procedure, Recission, Separation of issues, Settlement agreements accrual claims, appealability, B v B, B v B 2026 ZASCA 115, civil procedure, condonation application, default judgment, Divorce Decree, divorce settlement agreement, final court order, functus officio, jurisdiction, lapsed appeal, matrimonial litigation, Matrimonial Property Act, nullity of court order, procedural fairness, prospects of success, reinstatement of appeal, rescission of judgment, Rule 33(4), Rule 42(1)(a), separation of issues, settlement agreement, South African divorce law, special leave to appeal, Superior Courts Act, Supreme Court of Appeal, Zweni test Crossing the Rule 33(4) Line: When a Divorce Order Becomes a Nullity in B[…] v B[…] (562/2025) [2026] ZASCA 115 (7 September 2026). The Facts and Procedural History: From Settlement Agreement to a Lapsed Appeal The litigation in B v B (562/2025) ZASCA 115 (7 September 2026) arose from a divorce that became… READ MORE
15/08/2025 Bertus Preller Accrual Calculator, Maintenance Calculator, Technology in Law accrual calculator, accrual sharing, accrual system, ai in law, Antenuptial Contract, assets liabilities, automated calculations, child expenses, child support, court reports, cpi inflation, divorce lawyers, divorce proceedings, divorce tools, estate growth, excluded assets, family law attorneys, free web apps, inflation adjustment, legal efficiency, legal professionals, maintenance calculator, Matrimonial Property Act, pdf exports, South African Family Law, south african maintenance law, spousal guidelines, spousal maintenance, technology legal practice Discover Two Free Tools Revolutionising South African Family Law: Maintenance and Accrual Calculators. In the complex world of family law, especially during divorce proceedings, accuracy and efficiency are paramount. For attorneys, divorce lawyers, and legal professionals in South Africa, handling calculations for child… READ MORE
29/06/2025 Bertus Preller Family Law Cases May - June 2025 actio communi dividundo, birth registration, Child Custody, Child Relocation, Children’s Court jurisdiction, Co-ownership, customary adoption, customary marriage, divorce rescission, DNA testing, estate administration, family law 2025, familylaws.co.za, financial disclosure, international contempt, June 2025 family law, maintenance enforcement, Matrimonial Property Act, May 2025 SA cases, parental alienation, Plascon‑Evans, preservation order, procedural fairness, property sale order, relocation, Rule 35 discovery, Rule 43, settlement agreement interpretation, shared parental responsibility, South African Family Law, widow maintenance Shaping the Landscape of Family Law: May–June 2025 South African Case Law Roundup. Shaping the Landscape of Family Law: May–June 2025 Roundup The months of May and June 2025 featured several high-impact judgments that will influence future family-law disputes—especially on jurisdiction, customary marriage, property rights… READ MORE
28/06/2025 Bertus Preller Actio communi dividundo, Customary Law, Customary Marriages, Divorce, In Community of Property, Marriage, Urgency actio communi dividundo, balance convenience equity, co-ownership disputes, community of property marriage, compelling spouse sell property, creditor action property, customary marriage property rights, divorce proceedings pending, foreclosure prevention, irreparable harm property, Johannesburg High Court, joint estate protection, lis pendens matrimonial matters, matrimonial deadlock, Matrimonial Property Act, matrimonial property disputes, minor children interests, property law South Africa, property sale court order, recognition customary marriage act, section 16 matrimonial property act, self representation matrimonial disputes, sheriff authorisation documents, South African Family Law, spousal consent immovable property, trust arrangements divorce proceedings, unreasonable withholding consent, urgency property matters When One Spouse Won’t Sell: Court Compels Property Sale to Prevent Foreclosure in I.M.R v N.M.D (2024/014513) [2025] ZAGPJHC (5 May 2025). Background: A Customary Marriage in Crisis and Property Under Threat The case of I.M.R v N.M.D presents a stark illustration of how matrimonial breakdown can threaten jointly owned property, particularly… READ MORE
11/05/2025 Bertus Preller Accrual Calculation, Appeal, Commencement Values, Costs, Division of Estate, Divorce, Financial Disclosure, Procedure accrual claim, accrual system, Antenuptial Contract, binding agreement, commencement values, conclusive proof, contractual terms, declaration of value, divorce proceedings, divorce settlement, estate calculation, Estate Valuation, financial disclosure, inflation adjustment, legal precedent, marriage contracts, Marriage Dissolution, matrimonial agreements, matrimonial property, Matrimonial Property Act, out of community of property, prima facie proof, property declaration, section 6(3), South African divorce law, South African Law, statutory interpretation, Supreme Court of Appeal, wealth division D.C.M v C.C.M (1235/22) [2025] ZASCA 55 (9 May 2025). Understanding the Recent Supreme Court of Appeal Ruling on Antenuptial Contracts On 9 May 2025, the Supreme Court of Appeal (SCA) delivered a landmark judgment in Manelis v Manelis (Case… 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
12/10/2024 Bertus Preller Costs, Divorce, Procedural Law, Separation Applications asset dissipation, Asset Division, attorney-client scale, business interests, community of property, costs order, court ruling, Divorce, evidentiary rules, Gauteng High Court, hearsay evidence, inadmissible evidence, joint estate, Legal Requirements, matrimonial dispute, Matrimonial Property Act, prejudice, prima facie case, Section 20, South Africa, Urgent Application, urgent relief, ZAGPPHC Divorce Drama Derailed: BTTM v NKM (054684 2024) [2024] ZAGPPHC 992 Exposes Pitfalls of Hasty Matrimonial Asset Division – (1 October 2024). Background: A Marriage in Community of Property Heads for Divorce In the bustling corridors of the Gauteng Division of the High Court in Pretoria, a matrimonial dispute unfolded that would… READ MORE
24/08/2024 Bertus Preller Accrual Calculation, Adversarial Legal System, Antenuptial Contracts, Commencement Values, Divorce, Trusts accrual system, Antenuptial Contract, asset dissipation, asset valuation, binding declarations, business entities, classic car valuation, commencement value, constitutional challenge, contractual interpretation, Divorce, expert evidence, expert testimony, financial disclosure, forensic accounting, High Court, High-net-worth divorce, legal precedent, matrimonial property, Matrimonial Property Act, Property Valuation, related-party transactions, South African Law, Trust assets Conclusive Commencement: Manelis v Manelis (32624/2015) [2022] ZAGPJHC 880 – Reshapes Antenuptial Contract Interpretation. Background: The High-Stakes Divorce Battle The Manelis case, heard in the Gauteng Local Division of the High Court of South Africa, revolves around a contentious divorce action where the parties… READ MORE
24/08/2024 Bertus Preller Accrual Calculation, Antenuptial Contracts, Antenuptial Contracts, Commencement Values, Division of Estate, Divorce, Pacta sunt servanda, Prenuptial Afreement accrual claims, accrual system, antenuptial agreements, Antenuptial Contracts, asset valuation, commencement values, conclusive proof, court judgments, divorce litigation, divorce proceedings, Family Law, financial disclosure, financial transparency, forensic accountants, Legal Framework, legal interpretation, Manelis case, matrimonial assets, Matrimonial Property Act, matrimonial property law, Maxted v Maxted, Olivier v Olivier, prima facie proof, property settlements, Section 6, South African Law, spousal maintenance, Thomas v Thomas, TN v NN Accurate Commencement Values in Antenuptial Contracts: Legal Interpretations and Implications Explored in TN v NN and Others 2018 (4) SA 316 (WCC). The Purpose and Role of Commencement Values in Antenuptial Contracts Commencement values play a crucial role in the implementation of the accrual system in South African matrimonial property law. As… READ MORE
12/06/2024 Bertus Preller Antenuptial Contracts, Customary Law, Customary Marriages, Marital Regimes 25007/2022, accrual system, Antenuptial Contract, arbitrary deprivation, black women, civil marriage, community of property, constitutional scrutiny, customary marriage, financially weaker spouses, Gender Equality, JRM v VVC and Another, judicial oversight, legislative reform, Matrimonial Property Act, Matrimonial Property Regime, racial equality, Recognition of Customary Marriages Act, unfair discrimination Protecting the Vulnerable: JRM v VVC and Another (25007/2022) Exposes the Need for Judicial Oversight in Customary Marriage Property Regimes. The Conundrum: Validity of an 'Antenuptial Contract' Concluded Post-Customary Marriage In the recent case of JRM v VVC and Another (25007/2022), the Gauteng Division of the High Court, Pretoria, grappled… READ MORE