25/09/2025 Bertus Preller Amendment of Pleadings, Constitutional law, Divorce, Divorce summons South Africa, Marriage, Procedural Law, Procedure, Punitive Cost Orders, Rule 28 amendments, Section 7 Matrimonial Properties Act, Section 7(3) Divorce Act 1984 cut-off date, amendment applications, Antenuptial Contracts, case management, constitutional challenge, Constitutional Court, constitutional development, costs orders, divorce proceedings, EB v ER judgment, equitable relief, Family Law, Judicial Discretion, M.S v E.S, matrimonial contributions, matrimonial property law, Mpumalanga High Court, Msibi AJ, out of community of property, pleadings amendment, procedural amendments, procedural compliance bertus preller, redistribution orders, Rule 28 amendments, RVB v JVB, section 7(3) Divorce Act, South African divorce law Amendment Revolution: How M.S v E.S (3091/2021) [2025] ZAMPMBHC 96 (23 September 2025) Transforms Redistribution Claims Post-EB. Factual Matrix and Procedural History: From Closed Pleadings to Constitutional Development The parties in this matter were married out of community of property, excluding the accrual system, pursuant to a… 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
21/01/2024 Bertus Preller Divorce, Marital Regimes, Same Sex Couples Civil Rights, Constitutional Democracy, constitutional law, Diverse Families, equality, Family Law, Gay Rights, Gender Equality, Gender Identity, Human Rights, Inclusive Legislation, Judicial Review, legal advocacy, legal interpretation, Legal Protection, legal reform, Legal Update, Lesbian Rights, Lex Domicilii Matrimonii, LGBTQ+ Rights, marriage law, matrimonial property law, Matrimonial Property Regime, Non-Discrimination, Roman-Dutch Law, Same-Sex Marriage, South Africa, spousal rights, Transgender Rights Reforming Lex Domicilii Matrimonii: A Step Towards Equality in South African Matrimonial Law. Introduction In the ever-evolving domain of South African family law, the concept of matrimonial property regimes, primarily governed by the principle of lex domicilii matrimonii, stands at the crossroads of… READ MORE
11/01/2024 Bertus Preller Divorce, In Community of Property, Non-Patrimonial Assets Asset Division, community property, constitutional law, discrimination in marriage, divorce settlements, Family Law, joint estate, legal implications, legal interpretation, legal precedent, legal reform, LH v ZH case, marriage in community of property, marriage law, matrimonial assets, matrimonial property law, matrimonial property regimes, non-patrimonial damages, pre-marital assets, Section 18(a) MPA, South Africa, spousal rights, Supreme Court of Appeal Navigating Matrimonial Property Rights: Insights from the LH v ZH Case – LH v ZH (2022) 1 SA 384 (SCA). OVERVIEW OF THE LH V ZH CASE AND MATRIMONIAL PROPERTY LAW IN SOUTH AFRICA The case of LH v ZH (2022) 1 SA 384 (SCA) presents a pivotal moment in… READ MORE