26/04/2026 Bertus Preller Animus contrahendi, qard, Appeal, Divorce, Enrichment, Faskh, Islamic Law, Islamic marriage, Muslim Marriages, Nafaqah, Nikah, Shariah law animus contrahendi, costs order, Dave v Birrell, delictual claim, Divorce Amendment Act 1 of 2024, Family Law, faskh, insurance excess, Islamic marriage, loan versus gift, magistrate's court appeal, Muslim Marriage, nafaqah, nikah, oral agreement, Pillay v Krishna, pleadings, qard, quantum, Shariah law, Shill v Milner, Sonap Petroleum, South African Law, spousal maintenance, tacit agreement, unjustified enrichment, waiver, Western Cape High Court, Women's Legal Centre Trust Loans, Gifts and Nafaqah: How the Western Cape High Court Rewrote the Financial Aftermath of an Islamic Marriage in Y.M v S.P (Appeal) (A146/2025) [2026] ZAWCHC 164 (13 April 2026). The facts: a brief nikah, a premature birth and a R154 118 claim In Y.M v S.P (Appeal) (A146/2025) ZAWCHC 164 (13 April 2026), the Western Cape High Court (Pangarker… READ MORE
25/02/2025 Bertus Preller Customary Law, Customary Marriages, Divorce, Islamic Law, Maintenance, Muslim Marriages, Rule 43, Rule 58, Spousal Maintenance AM v RM case, constitutional family law, custody disputes, Divorce Amendment Act 1 of 2024, divorce case law, divorce legislation, divorce maintenance, divorce proceedings, Essop v Haffejee case, interim relief, Islamic divorce, Islamic law in South Africa, judicial oversight, Legal Jurisdiction, legal precedent, Legal Protections, matrimonial disputes, matrimonial law, Muslim Marriage, Muslim spouses, Muslim women rights, religious divorce, Rule 43, SJ v SE case, South African divorce law, South African Family Law, South African High Court, spousal maintenance, Talaaq, Zaphiriou case South African Court Rules on Talaaq and Rule 43 Interim Relief in Divorce – H.A v N.A (144907/2024) [2025] ZAGPPHC 121 (13 February 2025). Introduction: A Landmark Case on Muslim Marriages and Rule 43 The case of H.A v N.A (144907/2024) ZAGPPHC 121 (13 February 2025) addresses a significant legal question concerning the application… 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