23/11/2023 Bertus Preller Accrual Calculation, anti-dissipatory relief, Divorce, Marital Regimes, Settlement agreements Accrual Calculation, Antenuptial Contract, Asset Disclosure, Asset Division, Court Rulings, Divorce Law, divorce proceedings, divorce settlements, Estate Valuation, Financial Outcomes, Financial Settlements, legal implications, Legal Insights, Liability Consideration, Marital Assets., Marriage Dissolution, matrimonial property, Matrimonial Property Act, Property Valuation, South African Law Timing is Everything: The Crucial Role of Accrual Calculation Date in Divorce Cases. R.D.M v M.T.M (M608/22) [2023] ZANWHC 216 (21 November 2023). The facts of the case, as presented in the judgment, revolve around an application for the provisional sequestration of the respondent's estate, following the dissolution of a marriage under South… READ MORE
15/11/2023 Bertus Preller Alimony, Children, Costs, Divorce, Interim Maintenance, Maintenance, Parental Rights, Rule 43, Spousal Maintenance best interests principle, Child Custody, Children's Welfare, Court Orders, divorce litigation, divorce proceedings, equitable treatment, Family Law, financial disclosure, financial imbalances., financial transparency, interim relief, legal costs contribution, maintenance pendente lite, matrimonial property, new family law case, Parental Responsibilities, Rule 43 applications, South African Law, spousal support, temporary orders Avoiding Pitfalls: Key Lessons from a Rule 43 Divorce Showdown. SN v SR (2023/036122) [2023] ZAGPJHC 1335 (14 November 2023) Introduction and Background Marriage and Separation: The applicant and the respondent had been married since 25 August 2007, out of community of property with accrual. They had two minor children.… READ MORE
10/11/2023 Bertus Preller Alimony, Children, Costs, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43, Spousal Maintenance adult dependent children, Asset Division, divorce litigation, divorce settlements, Family Law, financial affidavits, financial dependency, financial disclosure, high court rulings, interim maintenance, Legal Costs, legal entitlements., Legal precedents, maintenance pendente lite, Marital Assets, marital breakdown, matrimonial property, Rule 43, South African divorce, spousal support Rule 43: Navigating Maintenance and Financial Fairness in South African Divorce Proceedings and Adult Dependent Children. Y.V.D.M v W.P.V.D.M (2021/43213) ZAGPJHC 1280 (9 November 2023) Introduction Case Background: This case involved an application under Rule 43 of the Uniform Rule of Court, related to a pending… READ MORE
10/11/2023 Bertus Preller Alimony, anti-dissipatory relief, Divorce, Financial Disclosure, Maintenance, Rule 43 asset dissipation, attorney and client scale, Constitutional Rights, court discretion, divorce litigation, equitable access, financial analysis, financial disclosure, financial hardship, gender disparities, legal costs contribution, maintenance payments, matrimonial cases, matrimonial property, prolixity in legal documents, Rule 43, South African Law, Uniform Rules of Court, urgent applications Rule 43 in Action: Deciphering Court Orders on Contribution to Costs and Attorney-Client Scale Cost Orders in Divorce Cases. L.S.P. v R.S.P (2014/2941) ZAGPJHC 1281 (9 November 2023) Summary of the Case Introduction and Background Rule 43 Application: The plaintiff (Applicant) had filed a Rule 43 application in an… READ MORE
22/09/2023 Bertus Preller Alimony, Divorce, Interim Maintenance, Maintenance, Muslim Marriages, Rule 43, Spousal Maintenance Bertus Preller, Constitutional Court, constitutional invalidity, Divorce Act, Divorce Attorney Cape Town, Divorce Attorney South Africa, Gender Equality, legal precedent, maintenance, matrimonial property, Muslim Marriage, Pendente Lite, Rule 43, Sharia Law, South African Law, spousal support, Talaaq, Women's Legal Centre Trust Rule 43 Unveiled: How One Muslim Marriage Case Redefines Interim Spousal Support and Shakes Constitutional Ground. R.B v S.A.E.R (2023/014603) ZAGPJHC 1041 (18 September 2023) Introduction In a Rule 43 of the Uniform Rules for interim maintenance, the High Court in Johannesburg delved into the complexities… READ MORE
02/07/2023 Bertus Preller anti-dissipatory relief, Divorce, Interdict Bertus Preller, close corporation, Divorce, Divorce Attorney Cape Town, Divorce Attorney South Africa, divorce proceedings, husband, interdict, legal victory, matrimonial property, matrimonial residence, property dispute, selling property, urgent relief, wife Securing the Marital Home: A Legal Victory Halting the Sale of a Matrimonial Property Amid Divorce Proceedings MS v MJ GAUTENG HIGH COURT JOHANNESBURG CASE NUMBER 2022/218731 - 13 June 2023 Introduction In this case the Applicant had sought urgent relief, aimed at prohibiting the First and… READ MORE