26/10/2025 Bertus Preller Accrual claims, Divorce, Divorce Act 70 of 1979, Matrimonial Property Act 88 of 1984, Member spouse, Non-member spouse, Pension Funds Act 24 of 1956, Pension interest, Procedural Law, Procedure, Referee report, Retirement fund divorce, Section 37D, Settlement agreements, Tax liability pension interest accrual claims, accrual system, C.N.N v N.N, Divorce Act 70 of 1979, divorce settlement agreement, divorce trial court, legislative lacuna pension law, matrimonial property, Matrimonial Property Act 88 of 1984, member spouse, motion court jurisdiction, Ndaba v Ndaba, non-member spouse, Pension Funds Act 24 of 1956, pension funds legislation, pension interest, pension sharing divorce, referee report, retirement benefits divorce, retirement fund divorce, Reynolds v Reynolds, section 3 Matrimonial Property Act, section 37D, section 7(8), South African Family Law, T.M.W v J.J.W, tax liability pension interest, withdrawal benefits tax, ZAGPPHC 1093 2025 When Retirement Funds Cannot Settle Accrual Claims: D E C B v J M B (37464-2020) [2025] ZAGPPHC 1093 (21 October 2025) and the Jurisdictional Dilemma in South African Divorce Law. Factual Matrix: When a Referee's Report Reveals More Questions Than Answers The parties in this matter were married out of community of property with the application of the accrual system… 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
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
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