12/08/2025 Bertus Preller Divorce, Divorce Act section 9, Forfeiture of Benefits, Forfeiture patrimonial benefits, Gambling addiction, Marital misconduct, Substantial misconduct, Undue benefit test business failure, casino gambling, Child Custody, community of property, divorce act section 9, divorce costs, divorce proceedings, Engelbrecht judgment, estate liquidation, Family Law, financial misconduct, forfeiture patrimonial benefits, gambling addiction, joint estate division, legal precedent, Marital Assets, marital misconduct, marriage breakdown, Matrimonial Property Regime, Parental Rights, property forfeiture, property investment, receiver and liquidator, rental income, spousal contributions, substantial misconduct, undue benefit test, Western Cape High Court, Wijker case Gambling Addiction vs Substantial Misconduct: When Forfeiture Claims Fail in Community of Property Divorces – P.N v D.N (10481/2018) [2025] ZAWCHC 335 (6 August 2025). Factual Matrix: A 20-Year Marriage Marred by Allegations of Compulsive Gambling The matter before Kholong AJ in the Western Cape Division concerned the dissolution of a marriage that had endured… 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
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
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