17/01/2026 Bertus Preller Abuse, Contumacious conduct, Costs, Divorce, Domestic Violence, Domestic Violence, Emotional Abuse, Financial Abuse, Forfeiture of Benefits, Forfeiture patrimonial benefits, Harassment, In Community of Property, Marital misconduct, Matrimonial property forfeiture, Physical Abuse, Psychological Abuse, Punitive costs orders, Sexual Abuse, Substantial misconduct, Substantial misconduct, Verbal Abuse costs in divorce, discretion of court, divorce proceedings South Africa, domestic violence, drug and alcohol abuse, duration of marriage, Engelbrecht v Engelbrecht, financial delinquency, financial irresponsibility, Forfeiture of benefits, interim protection orders, marital breakdown, marriage in community of property, Mashola v Mashola, matrimonial property, municipal debt, no-fault divorce, patrimonial benefits, pension benefit misconduct, section 9(1) Divorce Act, spousal abuse, substantial misconduct, transfer of property, two-stage approach, unduly benefited test, value judgment, Wijker principles When Domestic Violence and Financial Delinquency Justify Forfeiture: Analysis of W.M.C.M v U.A.M (7390/2018) [2026] ZAGPPHC 5 (12 January 2026). The Factual Matrix: A Pattern of Misconduct and Financial Delinquency The parties in this matter were married in community of property on 16 December 2000. The marriage endured for approximately… READ MORE
15/01/2026 Bertus Preller Accrual Calculation, Accrual Calculator, Accrual claims, Accrual system, Divorce, Eviction, PIE Act, Procedural Law, Procedure accrual claim, accrual disputes, accrual system, constitutional arguments, contingent rights, conveyancing law, divorce and property, divorce litigation, doctrine of notice, eviction defence, eviction proceedings, family law practitioners, finality in litigation, leave to appeal, matrimonial home, matrimonial property, PIE Act, property ownership, property transactions, reconsideration applications, registered ownership, section 17(2)(f), South African Family Law, spousal occupation, Superior Courts Act, Supreme Court of Appeal, third party purchasers, transfer of property Accrual Rights, Ownership and Eviction: Clear Limits on Spousal Claims Before Divorce — J.M.M and Another v Cara Dorothy Masureik and Others (807/2024) [2026] ZASCA 1 (8 January 2026). Factual Background and Procedural History The matter in J.M.M and Another v Cara Dorothy Masureik and Others arose from protracted and unresolved divorce proceedings between the first applicant and her… READ MORE
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
14/08/2025 Bertus Preller Divorce order enforcement, Divorce settlement defects, Litis contestatio, Procedure, Rescission applications, Rescission applications, Settlement agreement interpretation, Settlement agreement variation, Settlement agreements, Urgency, Urgent applications, Validity Divorce Settlement Agreement Alienation of Land Act, bond approval, breach letters, Case Law Analysis, Co-ownership, Consent Papers, conveyancing, divorce order enforcement, estate agents, Family Law, forum selection, High Court jurisdiction, judicial comity, litis contestatio, marital property disputes, matrimonial property, Powers of Attorney, property transfer disputes, Regional Court jurisdiction, rescission applications, Rule 6(12), sale agreements, sectional title, Self-Created Urgency, South African property law, urgent applications, urgent motion proceedings, void ab initio, Western Cape High Court Self-Created Urgency and Invalid Property Agreements: Key Lessons from SPR v NV (2025/119985) [2025] ZAWCHC 346 (13 August 2025). Factual Matrix: Divorce Order Enforcement and Property Transfer Disputes The matter concerned the enforcement of a Regional Court divorce order incorporating a consent paper, where former spouses held immovable property… READ MORE
20/07/2025 Bertus Preller Caveat Subscriptor, Contractual repudiation, Divorce, Pacta sunt servanda, Procedural Law, Recission of Divorce Orders, Settlement agreement finality, Settlement agreements, Validity Divorce Settlement Agreement Auckland Park case, caveat subscriptor, child maintenance, contractual interpretation, contractual repudiation, Divorce Act 70 of 1979, Divorce Decree, divorce litigation, divorce proceedings, divorce settlement agreement, family law practice, George v Fairmead, High Court Gauteng, Legal Representation, maintenance agreements, matrimonial property, Natal Joint Municipal Pension Fund, Pacta Sunt Servanda, Parental Rights, post-signature regret, property forfeiture, settlement agreement validity, settlement negotiations, South African Family Law, spousal maintenance, undue influence, Van der Schyff J, vitiating factors, witness attestation Caveat Subscriptor Strikes Again: When Post-Signature Regret Meets Divorce Reality in O.M.L v S.S.L (10528/2022) [2025] ZAGPPHC 712 (16 July 2025). The Factual Matrix: When Signatures Tell a Different Story The factual backdrop of this matter presents a curious tale of matrimonial dissolution that would make any family law practitioner pause.… READ MORE
03/07/2025 Bertus Preller Bigamy, Constitutional Court customary law, Customary Law, Customary marriage dissolution, Customary marriage requirements, Customary Marriages, First wife consent, Mayelane precedent, Polygamous marriage, Recognition of Customary Marriages Act, Recognition of Customary Marriages Act, Section 8 RCMA bigamy, civil marriage, competing marriage claims, Constitutional Court, Constitutional Rights, customary law, customary marriage, customary marriage requirements, Deputy Judge President Ratshibvumo, Divorce Decree, equality rights, estate disputes, first wife consent, human dignity, irretrievable breakdown, lobola, marriage registration, marriage validity, matrimonial property, Mayelane precedent, Mpumalanga High Court, polygamous marriage, Recognition of Customary Marriages Act, South African Family Law, subsequent marriages, traditional marriage, widow status First Wife Consent Strikes Again: Constitutional Court’s Mayelane Precedent Upheld in N.R.M v F.N and Others (943/2023) [2025] ZAMPMBHC 53 (17 June 2025). The Factual Matrix: A Tale of Two Marriages and Competing Claims The factual backdrop to this matter presents a complex web of relationships that culminated in competing claims to marital… READ MORE
29/06/2025 Bertus Preller Costs, Customary Law, Customary Marriages, Motion Proceedings, Plascon Evans Rule, Punitive Cost Orders, Recognition of Customary Marriages Act affidavit conflict, ancestral law, Black Administration Act, civil marriage, customary marriage, customary rites, Deane AJ, estate administration, executor appointment, family law litigation, Germiston, High Court Free State, inheritance law, KwaZulu Natal, legal burden of proof, legal recognition, lobolo, Marital Disputes, marital status dispute, marriage registration, Master of the High Court, matrimonial property, Moloi v Nkosi, motion proceedings, Plascon-Evans rule, QwaQwa, RCMA 120 of 1998, South African Family Law, Zulu marriage customs Moloi v Nkosi and Others (1713/2025) [2025] ZAFSHC 153 (15 May 2025): Customary Marriage Claims Undone by Motion Proceedings and the Plascon-Evans Rule. The Factual Matrix: Competing Marital Claims and the Legacy of Customary Law At the heart of Moloi v Nkosi and Others (1713/2025) ZAFSHC 153 (15 May 2025) lies a bitter… READ MORE
29/06/2025 Bertus Preller Cohabitation, Customary Marriages, Inheritance rights, Interdict, Intestate Succession, Procedure, South African succession law Administration of Estates Act, African customary law, attorney and client scale, cohabitation, customary law marriage, customary marriage, estate administration, estate dispute, estate litigation, estate preservation, executor appointment, High Court Pretoria, inheritance dispute, interim interdict, intestate succession, joint estate, Legal Costs, legal remedy, lobola, matrimonial property, patrimonial rights, Peteke v Khumalo, recognition of marriage, Rule 6(12), section 13, South African Family Law, testamentary rights, Urgent Application, urgent interdict, ZAGPPHC 447 Customary Marriage Dispute Halts Estate Administration: Peteke v Khumalo and Others (2025-009348) [2025] ZAGPPHC 447 (6 May 2025). The Factual Matrix: Disputed Customary Marriage and Control Over the Deceased’s Estate In Peteke v Khumalo and Others (2025-009348) ZAGPPHC 447 (6 May 2025), the applicant approached the High Court… READ MORE
15/05/2025 Bertus Preller Accomodation, Children, Division of Estate, Divorce, Financial Disclosure, Liquidator, Maintenance, Maintenance Court, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance bond payments, bonding therapy, changed circumstances, community of property, divorce proceedings, enforceability of maintenance orders, financial means, High Court Johannesburg, interim maintenance, joint estate, Judge Kumalo, Judicial Discretion, legal costs contribution, matrimonial home, matrimonial property, minor child preferences, pension benefits, reasonable needs, reciprocal duty of support, Rule 43, South African Family Law, spousal support, unemployment, Van Rippen principle When the Well Runs Dry: Court Dismisses Maintenance Claims in H.E.D. v D.D. (2022/14582) [2025] ZAGPJHC 465 (13 May 2025). Background of the Rule 43 Application in H.E.D. v D.D The case of H.E.D. v D.D (2022/14582) ZAGPJHC 465 (13 May 2025) revolves around an application brought under Rule 43… 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