12/11/2024 Bertus Preller Antenuptial Contracts, Antenuptial Contracts, Costs, Divorce, Marital Regimes, Procedural Law, Procedure Antenuptial Contract, attorney misconduct, caveat subscriptor, civil procedure, court costs, divorce proceedings, elderly marriage, explanatory affidavits, factual disputes, legal documents, legal presumptions, legal signatures, legal trust, marriage law, matrimonial disputes, matrimonial property, motion application, motion proceedings, notary, oral evidence, personal relationships, Plascon-Evans rule, professional conduct, property regime, Rule 6(5)(g), signing documents, South African Law, wedding gift, wedding MC, Western Cape High Court From Wedding MC to Legal Emergency: How a Rushed Signature Led to a Marriage Property Crisis – B C B v L L B and Others (15788/2024) [2024] ZAWCHC 206 (11 November 2024). The Marriage and the Disputed Antenuptial Contract - A 90-Year-Old Groom and His 60-Year-Old Bride In a remarkable case that recently came before the Western Cape High Court, a marriage… READ MORE
19/08/2024 Bertus Preller Costs, Divorce, Domicile, International Divorce adverse inferences, affidavits, attachment orders, Burden of Proof, costs, credibility, domicile, ex parte orders, full disclosure, incola, international litigation, jurisdiction, Legal Fees, motion proceedings, peregrinus, Plascon-Evans rule, reconsideration applications, residence, South African Law, Uniform Rules of Court Domicile Dilemma: Unraveling Jurisdictional Complexities in J.M v N.C (2023/00100) [2024] ZAGPJHC 762 (16 August 2024). Background: The Legal Dispute Between J.M and N.C The case of J.M v N.C (2023/00100) ZAGPJHC 762 (16 August 2024) originated from a dispute over legal fees between J. Mahomed,… READ MORE
01/03/2024 Bertus Preller Abduction, Children, Hague Convention on the Civil Aspects of International Child Abduction, Parental Rights, Relocation, Views of the Child child custody law, child protection law, child welfare, Children's Best Interests, consent and acquiescence, cross-border family law, custody rights, Family Law, Hague Convention, International Child Abduction, international custody battle, Judicial Discretion, Justice Cloete, Legal Analysis, legal decision-making, legal fairness, Legal Jurisdiction, legal precedent, legal proceedings costs, MB v LC and Another, parental disputes, Plascon-Evans rule, South Africa legal system, wrongful retention Justice Prevails: Navigating International Child Abduction Law with Precision and Compassion. – MB v LC and Another (21586/2023) [2024] ZAWCHC 61 (29 February 2024). Introduction and Background The case adjudicated by Justice J Cloete, delves into a dispute under the Hague Convention on the Civil Aspects of International Child Abduction. This matter revolves around… READ MORE