07/08/2024 Bertus Preller Adversarial Legal System, Alternative Dispute Resolution, Best Interests of the Child, Children, Costs, Divorce, Financial Disclosure, Hostile Family Lawyers, Maintenance, Procedure, Rule 43, Spousal Maintenance aggressive litigation tactics, asset depletion, child welfare, divorce process critique, exorbitant legal fees, financial disclosure, financial hardship, high-conflict divorce, interim relief, judicial case management, Legal Costs, legal reform, maintenance variation, Material change in circumstances, matrimonial property, minor child impact, prolonged litigation, Rule 43, South African Family Law A Decade of Divorce: L.S v J.S (23967/2012) [2024] ZAGPJHC 653 Exposes Flaws in South African Family Law (2 August 2024). Background: A 12-Year Divorce Battle Reaches New Heights The case of L.S v J.S (23967/2012) ZAGPJHC 653 (2 August 2024) presents a stark illustration of the perils of prolonged divorce… READ MORE
05/08/2024 Bertus Preller Abuse, Adultery, Adversarial Legal System, Alternative Dispute Resolution, Children, Costs, Divorce, Domestic Violence, Forfeiture of Benefits, Infidelity, Pension Funds, Reasons for Dicorce court discretion, Divorce, Divorce Act, evidence, financial transparency, forfeiture, Gauteng High Court, joint estate, Judge Wanless, legal precedent, litigation, marriage, matrimonial property, pension interest, pleadings, Property Division, South Africa, spousal contribution, substantial misconduct Forfeiture of Benefits in Divorce: Lessons from T.N v S.N (14166/2019) [2024] ZAGPJHC 703 (24 July 2024). Background of the T.N v S.N Divorce Case The case of T.N v S.N (14166/2019) ZAGPJHC 703 (22 July 2024) involves a divorce action heard in the Gauteng High Court,… READ MORE
11/06/2024 Bertus Preller Divorce, Forfeiture of Benefits asset distribution, Beaumont v Beaumont, community of property, court ruling, Divorce, Divorce Act 70 of 1979, divorce settlement, Family Law, financial support, forfeiture, immovable property, irretrievable breakdown, joint estate, Klerck v Klerck, KT v MR, Legal Framework, Legal precedents, legal professionals, M.C.N v G.M.L.N, maintenance, marital breakdown, matrimonial property, misconduct, paternity, patrimonial benefits, pension fund, primary breadwinner, South Africa, substantial misconduct Breaking Down the M.C.N v G.M.L.N (Born M.) (1629/2022) [2024] ZAGPPHC 516 (7 June 2024) Divorce Case: Forfeiture of Patrimonial Benefits in South Africa. Case Summary In the case of M.C.N v G.M.L.N (Born M.) (1629/2022) ZAGPPHC 516 (7 June 2024) the parties were married in community of property in 2000. The marriage lasted… READ MORE
11/06/2024 Bertus Preller Anti-Dissipation Interdicts, anti-dissipatory relief, Cryptocurrencies, Cryptocurrency, Division of Estate, Divorce, Hiding Assets, In Community of Property, Subpoenas accrual system, antenuptial agreements, Asset Concealment, asset distribution, asset tracing, Bitcoin, Bitcoin mining, blockchain analysis, blockchain forensics, community of property, cryptocurrency, cryptocurrency valuation, digital currency, digital forensics, digital wallets, Divorce, divorce settlement, financial infidelity, forensic investigation, forensic techniques, hidden assets, interim orders, Legal Framework, legal remedies, matrimonial property, Matrimonial Property Act, OSINT, out of community of property, pseudonymous transactions, South Africa Cryptocurrency and Divorce in South Africa: Unveiling Hidden Digital Assets. Introduction As cryptocurrencies gain widespread adoption and become increasingly mainstream, their use has extended beyond just investment and trading. Cryptocurrencies, particularly Bitcoin, have found their way into various aspects of… READ MORE
06/06/2024 Bertus Preller Divorce, Forfeiture of Benefits, In Community of Property 2024 ZAECMHC 37, Botha v Botha, Case Law, community of property, court judgment, division of property, Divorce Act, divorce judgment, Divorce Law, Eastern Cape Division, Engelbrecht v Engelbrecht, Family Law, Forfeiture of benefits, High Court, joint estate, Legal Analysis, legal appeal, legal precedent, marital benefits, marital home, matrimonial dispute, matrimonial property, pension interest, regional court, Section 9, South Africa, undue benefit, V G v T M, Wijker v Wijker, Z v Z Forfeiture of Benefits in Divorce: Analysis of V G v T M [2024] ZAECMHC 37. Introduction and Background of the Case The case of V G v T M ZAECMHC 37 revolves around an appeal by the appellant, V G, against the judgment rendered by… READ MORE
23/03/2024 Bertus Preller Accrual Calculation, Appeal, Divorce, Marital Regimes, Trusts, Trusts accrual system, alter ego trust, Antenuptial Contracts, Asset Concealment, asset protection, Divorce, equitable division, estate calculation, financial manipulation, financial strategy, judicial interpretation, Legal precedents, legal remedies, marital rights, marital wealth, matrimonial disputes, matrimonial property, Paf v Scf, Property Division, South African Law, spouse entitlements, Trust assets, Trust Property Control Act, trust veil Unraveling Trust Assets in Divorce: Navigating South African Matrimonial Law. Trust Assets in Matrimonial Disputes: Navigating South African Legal Waters In South African family law, the treatment of trust assets in matrimonial disputes, particularly during divorce proceedings, presents a complex… READ MORE
22/03/2024 Bertus Preller Accrual Calculation, Antenuptial Contracts, Divorce accrual system, Antenuptial Contracts, asset exclusion, B F v R F, contract clauses, Divorce, divorce proceedings, equitable distribution, financial analysis, future assets, High Court Judgment, legal interpretation, legal precedent, legal principles, majority judgment, Marital Assets, matrimonial disputes, matrimonial property, matrimonial regime, minority opinion, Property Division, shareholdings, South African Family Law, spousal rights Deciphering Asset Exclusions in Divorce: The Landmark Case of B F v R F (2017/5018A) [2018] ZAGPJHC 699; 2019 (4) SA 145 (GJ) (2 July 2018) and Its Impact on South African Family Law. Introduction, Key Legal Issue, and Antenuptial Contract Asset Exclusion The case of B F v R F delved into the complex interpretation of an antenuptial contract, specifically focusing on a… READ MORE
22/03/2024 Bertus Preller Accrual Calculation, Antenuptial Contracts, Divorce accrual system, Antenuptial Contract, asset calculation, Asset Division, commencement assets, commencement value, contractual terms, court judgment, Divorce, divorce litigation, estate accrual, Estate Valuation, Family Law, Financial Disputes, Legal Analysis, legal interpretation, legal precedent, marital agreements, Marriage Dissolution, matrimonial property, property exclusion, South African Law, spousal rights, T.N v N.G Commencement Values in Divorce: Analysing T.N v N.G (formerly N) and Others (18159/2013) [2018] ZAWCHC 29; 2018 (4) SA 316 (WCC) (12 March 2018) and the Impact on Antenuptial Contract Interpretation in South Africa. Introduction and Facts In the case of T.N v N.G (formerly N) and Others, the Western Cape Division of the High Court in Cape Town presided over a divorce action… READ MORE
26/02/2024 Bertus Preller Divorce, Procedure, Recission of Divorce Orders Case Law, clean hands doctrine, Condonation, Constitutional Rights, Court Orders, Deeds Registries Act, Divorce Decree, divorce proceedings, due process, equitable relief, Family Court, Family Law, Legal Analysis, legal challenges, Legal precedents, Legal proceedings, legal remedies, Legal Representation, matrimonial disputes, matrimonial property, procedural fairness, property rights, rescission of judgment, Rule 31(2)(b), Rule 42(1)(a), service of summons, South African Law, Uniform Rules of Court Unraveling Legal Mysteries: The Rescission of Divorce Decrees in South African Law. – E S v J S (2011/19961) [2024] ZAGPJHC 164 (19 February 2024). Introduction to the Case of E S v J S In the intriguing case of E S v J S (2011/19961) ZAGPJHC 164, adjudicated on 19 February 2024, the court… READ MORE
09/02/2024 Bertus Preller Costs, Division of Estate, Divorce, In Community of Property, International Divorce, International Divorce, Liquidator, Marital Regimes, Procedural Law Antenuptial Contract, Bertus Preller, cross-border marriage, divorce proceedings, expert evidence, F. Bezuidenhout AJ, financial disclosure, foreign marriage, full disclosure, immediate division, international private law, landmark case, legal precedent, legal principles, Lex Domicilii Matrimonii, matrimonial consequences, matrimonial disputes, matrimonial domicile, matrimonial law, matrimonial property, Matrimonial Property Act, MPA, new case, new judgement, procedural law, Rule 36(9), Rule 43 applications, South African Law, Substantive Law Deciphering L.E v L.A (1884/2018) [2024] ZAGPJHC 104 (9 February 2024): A Landmark Case on Foreign Marriages and South African Property Law. – 9 February 2024. Introduction to the Case In a landmark decision that navigates the intersection of matrimonial law and international private law, the High Court of South Africa, Gauteng Division, Johannesburg, was presented… READ MORE