23/07/2025 Bertus Preller Abuse, Adultery, Division of Estate, Divorce, Divorce Statistics, Domestic Violence, Forfeiture of Benefits, Infidelity, Marriage accrual, adultery, Andy Byron, Asset Division, assets, B.R.B.M v R.K.B.M, C.M.M v A.M.S.M, community of property, Divorce Act, Divorce Law, Family Court, family law attorney, forfeiture, forfeiture orders, High Court, legal commentary, legal precedent, M v M, marital breakdown, Matyila v Matyila, misconduct, no-fault divorce, patrimonial benefits, public infidelity, section 9(1), South Africa, T.N v S.N, undue benefit, Wijker v Wijker Andy Byron Scandal: Public Infidelity and the Forfeiture of Assets under Section 9(1) of the Divorce Act in South Africa. South African divorce law permits courts to depart from the usual 50/50 division of marital assets in order to prevent an undeserved windfall to a spouse who caused or contributed… READ MORE
06/08/2024 Bertus Preller Abuse, Adultery, Division of Estate, Divorce, Forfeiture of Benefits, In Community of Property, Infidelity, Maintenance, Rule 43 Asset Division, child maintenance, community of property, court judgment, credibility assessment, Divorce Act, equitable distribution, Forfeiture of benefits, marital contributions, medical aid post-divorce, misconduct, non-financial contributions, pension interest, South African divorce Equitable Division Triumphs: Insights from M.L.M v T.M.M (10864/15) [2024] ZAGPPHC 743 (2 August 2024). Background of the M.L.M v T.M.M Divorce Case The case of M.L.M v T.M.M (10864/15) ZAGPPHC 743 (2 August 2024) involved a divorce proceeding in the High Court of South… 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
18/04/2024 Bertus Preller Arrears, Division of Estate, Divorce, Forfeiture of Benefits, In Community of Property, Maintenance Arrear Maintenance, child maintenance, community of property, division of assets, Divorce, forfeiture, joint estate, matrimonial property system, misconduct, parental rights and responsibilities, pension fund benefits High Court Addresses Pension Fund Benefits and Arrear Maintenance, Forfeiture Not Applied in K.B.P v T.L.P (DIV 155/2014) [2024] ZANWHC 105 (17 April 2024). Introduction The High Court of North West, Mahikeng, heard an opposed divorce case between Mrs. B.P. (plaintiff) and Mr. L.P. (defendant), who were married in community of property on 11th… READ MORE
18/06/2023 Bertus Preller Alimony, Divorce, Forfeiture of Benefits, Pension Funds adultery, Bertus Preller, Divorce, Divorce Attorney Cape Town, Family Law, forfeiture of benefits marriage, infidelity, marriage in community of property, misconduct, unduly benefit marriage Love, Betrayal, and the Law: A Tale of Forfeiture and Financial Deprivation in Matrimonial Property. B.R.B.M v R.K.B.M (19279/2019) ZAGPPHC 403 (5 June 2023) On one hand, the Plaintiff (husband) sought an order of forfeiture of the patrimonial benefits against the Defendant (wife) on the… READ MORE