20/03/2025 Bertus Preller Arrears Antenuptial Contract, attachment order, civil imprisonment, contempt of court, contempt sanctions, divorce litigation, divorce proceedings, family law judgment, financial affordability, interim maintenance, Judicial Discretion, Justice Bhoopchand, maintenance arrears, maintenance enforcement, maintenance obligations, maintenance payment shortfall, Mala Fide, Maurice Phillips Wisenberg, non-compliance, paediatricians divorce, parental obligations, PPS order, retirement annuity, Rule 43 Order, South African Family Law, Suspended Sentence, trust fund mechanism, Western Cape High Court, wilful contempt, willfulness in contempt Trust Fund Technicality: How R.A v I.K (8953/2020) [2025] ZAWCHC 123 (19 March 2025) Redefines Contempt in Maintenance Orders. Background: The Tumultuous Divorce Proceedings Leading to the Contempt Application The case of R.A v I.K (8953/2020) ZAWCHC 123 (19 March 2025) provides a compelling glimpse into the often complex… READ MORE
08/04/2024 Bertus Preller Costs, Divorce, Procedural Law 2023/123933, 2024, Combined Summons, Condonation, costs order, deviation, Divorce Act 70 of 1979, divorce actions, duty, Gauteng Division, High Court, ineffectual, irregular service, Johannesburg, L.R v T.S, Legal Practitioners, Legal Requirements, misrepresentation, non-compliance, nullity, personal service, Practice Directive, prejudice, prescription, proceedings, Registrar, Sheriff, signature, standard forms, Unopposed Divorce Roll, ZAGPJHC 336 L.R v T.S (2023/123933) [2024] ZAGPJHC 336 (5 April 2024): High Court Emphasises Importance of Personal Service in Divorce Actions. Background and Facts of the Case The Plaintiff, L.R., instituted divorce proceedings against the Defendant, T.S., and set the matter down on the Unopposed Divorce Court roll. The parties had… READ MORE
23/01/2024 Bertus Preller Arrears, Children, Contempt of Court, Divorce, Guardianship, Maintenance, Marriage, Parental Rights Adherence to Court Orders, Attorney and Client Costs, Child's Welfare, Child's Best Interests, Children’s Act 38 of 2005, Constitutional Violation, Contact rights, Contempt of Court Orders, Court Directives, Custodial Sentence, Emotional Strain, Gauteng High Court, Justice Phahlane, Legal Practitioners' Duty, Legal Recourse, Legal System Integrity, maintenance obligations, minor child, Mosopa Order, non-compliance, Parental Responsibilities, Parental Rights, Psychological Impact, Repeated Defiance, Rule of Law, Separation, South African Legal Framework, Urgent Application, Voster Order Justice Prevails: A Landmark Twelve-Month Sentence Upholding the Child’s Best Interests. – B.M.G.S v M.B.S and Others (26675/2022) [2024] ZAGPPHC 24 (8 January 2024). Introduction In this case presided over by Justice Phahlane, the applicant, Mr. S, approached the Gauteng High Court on an urgent basis. The case centred around the contempt of two… READ MORE
11/10/2023 Bertus Preller Alimony, Arrears, Divorce, Interim Maintenance, Maintenance, Marriage, Rule 43, Spousal Maintenance Attorney Conduct, Bertus Preller, contempt of court, Court Orders, Divorce News, divorce proceedings, Family Law, Financial Arrears, Judicial System, Legal Accountability, Legal Practitioners, maintenance obligations, non-compliance, Rule 43, Rule 43 Order, Suspended Sentence, Urgent Application When Lawyers Drop the Ball: The Tale of Divorce, Defiance, and a Suspended Sentence. S.F.S. v A.J.S (11676/2018) ZAGPJHC 1142 (11 October 2023) The Facts The Applicant, who was in the midst of a contentious divorce, urgently approached the court, accusing the Respondent of… READ MORE
28/08/2023 Bertus Preller Abuse, Alienation, Children, Parental Rights, Relocation Applicant, Bertus Preller, Child Custody, contempt of court, costs, court order, Divorce, Divorce Attorney Cape Town, Divorce News, divorce proceedings, Family Advocate, Family Law, Imprisonment, Interim Protection Order, legal battle, Mala Fide, Malice, minor child, non-compliance, Parental Rights, relocation, Respondent, Warrant Issued When Parental Rights Clashed with Court Orders: The Urgent Contempt of Court Case of Ruan. P.J.B v E.B (5955/2023) ZALMPPHC 56 (24 July 2023) Introduction In a follow-up to a previous urgent court order concerning joint parental rights, the applicant, known as Ruan, had launched… READ MORE
09/07/2023 Bertus Preller Abuse, Children, Living Together, Parental Rights age difference, Bertus Preller, biological father, boarding school, child welfare, custody dispute, deception, denial of access, Family Law, impact on child, legal battle, minor child, mother, non-compliance, out of wedlock, parental conflict, physical abuse, protection order, relationship dynamics, sentencing, unconventional parenting, unique case, verbal abuse The Complex Battle for Care and Contact: An Unconventional Case of Parental Conflict, the Views, and the Welfare of a Minor Child. A.C v S.A.M (22507/2021) ZAGPJHC 756 (27 June 2023) INTRODUCTION This matter was initially brought before the court on 18 May 2021 as an urgent application. The applicant sought an… READ MORE