08/08/2025 Bertus Preller Arrear Maintenance, Arrear Maintenance Variation, Arrears, Contempt of Court, Costs, Divorce, Interim Maintenance, International Divorce, Maintenance, Medical incapacity, Procedure, Punitive Cost Orders, Rule 43, Rule 43 Contempt, Rule 43 Cost Contributions, Rule 43 orders, Rule 58, Variation Rule 43(6) attachment of assets, contempt of court, cross-border maintenance, currency considerations, disability pension, divorce proceedings, enforcement mechanisms, foreign curatorship, international family law, Lekhuleni JD, maintenance arrears, maintenance enforcement, maintenance obligations, medical incapacity, party and party costs, Pendente Lite, Rule 43 orders, Rule 43(6) variation, skiing accident, spousal maintenance, stroke defence, Swiss curatorship, Swiss francs, Trust assets, warrants of execution, Western Cape High Court, wilful contempt When Strokes Don’t Stop Support: Medical Incapacity Fails as Maintenance Defence in NLD v ML (Case No 5785/22) [2025] ZAWCHC 337 (6 August 2025). Factual Matrix: When Medical Incapacity Meets Maintenance Obligations The parties in this matter, heard before Lekhuleni J, were married in Switzerland on 23 June 2000, with their marriage remaining subsisting… READ MORE
31/07/2025 Bertus Preller Accomodation, Financial Disclosure, Maintenance, Procedure, Rule 43, Rule 43 Cost Contributions, Rule 58, Variation Rule 43(6) child custody interim, child support interim, contempt of court, custody arrangements, divorce attorneys, divorce legal costs, divorce litigation, divorce mediation, divorce proceedings, divorce South Africa, family court procedures, family law South Africa, Family Lawyers, High Court rules, interim maintenance, interim orders, interim relief applications, Legal Separation, maintenance court, maintenance enforcement, maintenance variation, marital dissolution, matrimonial law, matrimonial relief, Pendente Lite, Rule 43, separation maintenance, spousal maintenance, spousal support, temporary alimony Rule 43 Explained: The Complete Guide to Interim Divorce Relief and Maintenance in South Africa. Legal Framework and Purpose of Rule 43 Rule 43 of the Uniform Rules of Court provides an expeditious mechanism for interim relief in matrimonial matters pending the finalisation of a… READ MORE
11/04/2024 Bertus Preller Alimony, Costs, Divorce, Maintenance, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance abuse of court process, appetite for litigation, caution, clear cases, community of property, contribution, court order, Divorce, equal footing, expenses, finality, financial positions, inherent power, installments, insufficient means, interim relief, judicial officer, Legal Costs, litigation, loans, maintenance, marital regime, Pendente Lite, prima facie case, pursuit of truth, relocation, Rule 43 Application, Settlement, trust account High Court Rules on Maintenance and Legal Costs Contribution in Acrimonious Divorce Case. – H.K v C.K (15793/2023) [2024] ZAWCHC 99 (10 April 2024). Background of the Parties and Their Marriage The parties in this case, H.K. (the applicant) and C.K. (the respondent), were married on 5 October 1996. At the time of their… 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