04/11/2026 Bertus Preller Abuse of Process, Divorce, Financial Disclosure, Forensic Investigations in Divorce, Privacy Rights, Subpoenas, Third-Party Subpoenas abuse of process, Beinash v Wixley, compel compliance subpoena, divorce financial disclosure, Eastern Circuit Local Division, fishing expedition subpoena, forensic auditor divorce, forensic investigation divorce, Gamble J order, in terrorem subpoena, lay litigants High Court, matrimonial litigation South Africa, Myers v Marcus, non-party financial records, patrimonial consequences of marriage, Plascon-Evans rule, privacy and confidentiality subpoena, R.H.K v Lawrence, Rule 38 subpoena, Rule 43(6) forensic expert, section 35(4) Superior Courts Act, section 36(5)(c) Superior Courts Act, setting aside subpoena, subpoena duces tecum, Tasima binding court orders, Thembalethu High Court, third party subpoena divorce, Van Zyl J, ZAWCHC 647 Fishing Expedition Foiled: Third-Party Subpoenas, Forensic Experts and Abuse of Process in R.H.K v Lawrence (587/2023) [2026] ZAWCHC 647 (2 November 2026) This case is about a spouse in a pending divorce who, relying on a Rule 43(6) order that allowed her to appoint a forensic expert to investigate her husband’s estate,… READ MORE
27/10/2026 Bertus Preller Accrual system, Appeal, Deed of settlement, Divorce, Divorce settlement agreement, Divorce settlement agreement, Maintenance, Rule 43, Rule 43 orders, Settlement agreements accrual claim, accrual system, declaratory order, Deed of Settlement, Dispute of Fact, divorce order incorporating settlement, divorce settlement agreement, Endumeni interpretation, foreseeable dispute of fact, Free State High Court, Full Bench appeal, interpretation of settlement agreement, KIV v CJV, lifelong maintenance, Loubser J, maintenance termination date, motion proceedings, party and party costs, pendente lite maintenance, Plascon-Evans rule, post-divorce maintenance, referral to oral evidence, rehabilitative maintenance, Rule 43 Order, scale B counsel fees, spousal maintenance, Wightman v Headfour, without prejudice letters, ZAFSHC 465 When Pendente Lite Means Exactly That: The Full Bench Ends a Post-Divorce Maintenance Dispute in KIV v CJV (A151/2025) [2026] ZAFSHC 465 (15 October 2026). This case concerns a divorced husband who asked the Free State High Court to declare that his duty to pay his former wife R25 000 per month in spousal maintenance… READ MORE
12/09/2026 Bertus Preller Alimony, Arrear Maintenace, Arrear Maintenance, Arrear maintenance claims, Civil contempt South Africa, Contempt of Court, Contempt of court maintenance, Costs, Divorce, Interim Maintenance, Maintenance, Maintenance Act 99 of 1998, Maintenance Calculator, Maintenance Calculator, Maintenance Court, Maintenance order enforcement, Procedural Law, Punitive costs orders, Rule 43, Rule 43 Applications, Rule 43 Contempt, Rule 43 orders, Serial contempt, Spousal Maintenance attorney-and-own-client costs, best interests of minor children, beyond reasonable doubt, contempt of court, court order enforcement, D W v J L K, divorce litigation South Africa, evidentiary burden, Fakie case, full financial disclosure, interim maintenance, maintenance defaulter, maintenance enforcement, Maintenance Order, mala fides, mortgage bond arrears, non-compliance with court order, periodic imprisonment, Plascon-Evans rule, punitive costs, Rule 43, Rule 43 maintenance, South African Family Law, standard of proof, suspended committal, V.P v D.P, weekend imprisonment, Western Cape High Court, wilful non-compliance Defying a Rule 43 Maintenance Order: Weekend Imprisonment and Punitive Costs in V.P v D.P (2026/190344) [2026] ZAWCHC 509 (10 September 2026). The Facts: Persistent Non-compliance with a Rule 43 Maintenance Order In V.P v D.P (2026/190344) ZAWCHC 509 (10 September 2026), Davis J dealt with an urgent application arising from a… READ MORE
25/06/2026 Bertus Preller Alimony, Arrear Maintenance, Arrear maintenance claims, Child Maintenance, Children, Civil contempt South Africa, Contempt of Court, Contempt of court maintenance, Divorce, Financial non-disclosure, Maintenance, Maintenance Court, Maintenance Court, Maintenance order enforcement, Non-disclosure consequences, Plascon Evans Rule, Post-divorce maintenance, Post-divorce maintenance enforcement, Spousal Maintenance, Uberrimae fidei matrimonial proceedings Arrear Maintenance, Attorney and Client Costs, beyond reasonable doubt, child maintenance, Civil Contempt, contempt of court, Contempt Proceedings, Davis AJ, Dezius v Dezius, Divorce Act, dolus eventualis, Eke v Parsons, evidential burden, Fakie v CCII Systems, family law South Africa, financial disclosure, full and frank disclosure, inability to pay defence, luxuries non-essentials, maintenance court variation, maintenance debtor, Maintenance Order, parental maintenance obligations, Pheko v Ekurhuleni, Plascon-Evans rule, poverty defence, settlement agreement order of court, Western Cape High Court, wilful and mala fide When “I Can’t Pay” Becomes Contempt: Luxuries, Maintenance Arrears and the Duty of Full Disclosure in D.W v J.L.K (12604/2015) [2026] ZAWCHC 322 (17 June 2026). D.W v J.L.K (12604/2015) ZAWCHC 322 (17 June 2026) The facts: a maintenance debtor who paid for luxuries before his children The applicant and respondent divorced in 2015. In terms… READ MORE
31/05/2026 Bertus Preller Conflict of Interest, Eviction, In Community of Property, Joinder, Joinder of convenience, Locus Standi, LPC Code of Conduct, LPC Code of Conduct, PIE ACT, Plascon Evans Rule, Prevention of Illegal Eviction Act, Section 17 Matrimonial Property Act, Spousal Eviction Absa Bank v Naude, clause 3.9 legal practitioners, conflict of interest attorney, customary marriage community of property, direct and substantial interest, dispute of fact motion proceedings, Gordon v Department of Health, joinder of convenience, joint estate litigation, locus standi eviction, LPC Code of Conduct, Matjhabeng Local Municipality, N.C.M.W v P.S.K, necessary joinder, oral evidence referral, person in charge PIE, PIE Act eviction, Plascon-Evans rule, Prevention of Illegal Eviction Act, Room Hire Co, Rule 6(5)(g) referral, section 17 Matrimonial Property Act, spousal consent litigation, spousal joinder eviction, universal partnership co-ownership, unlawful occupier, Western Cape High Court eviction, Wightman v Headfour, ZAWCHC 272 Eviction by One Spouse, Joinder of the Other, and the Conflict Trap: Lessons from N.C.M.W v P.S.K and Others (2025/218300) [2026] ZAWCHC 272 (29 May 2026). A recent judgment of the Western Cape Division, N.C.M.W v P.S.K and Others (2025/218300) ZAWCHC 272 (29 May 2026), is a useful teaching case. On its face it is a… READ MORE
08/11/2025 Bertus Preller Abducting parent defences, Article 13 defences, Article 13(a) consent, Article 13(b) grave risk, Habitual Residence, Hague Convention on the Civil Aspects of International Child Abduction, Left-behind parent rights, Prompt return of child, Wrongful removal of child abducting parent defences, ancillary relief, Article 13 defences, Article 13(a) consent, Article 13(b) grave risk, Central Authority South Africa, child return application, Convention proceedings, curator ad litem, custody proceedings, Denmark child abduction, family law South Africa, grave risk threshold, habitual residence, Hague Convention, International Child Abduction, intolerable situation, jurisdictional issues, Koch case, left-behind parent rights, Mirror Orders, N M v Central Authority, Plascon-Evans rule, prompt return of child, Protective Measures, Sonderup v Tondelli, summary proceedings, two-stage process, wrongful removal of child When Midnight Departures Belie Consent: Article 13 Defences Fail in International Child Abduction Case – Central Authority of the Republic of South Africa and Another v L (2025-178969) [2025] ZAGPJHC 1101 (3 November 2025). Factual Matrix: A Mother's Contested Departure from Denmark to South Africa The dispute before Adams J in the Gauteng Division of the High Court centred on a six-year-old boy who… READ MORE
01/11/2025 Bertus Preller Abuse, Best Interests of the Child, Children, Conduct of Childcare Experts, Interlocutory applications, Motion proceedings, Parental Alienation, Parental Rights, Plascon Evans Rule, Procedural Law, Procedure, Referral to trial, Rule 6(5)(g), Sexual Abuse, Sexual Abuse Allegations abuse of process, child contact disputes, Children's Best Interests, Children’s Act 38 of 2005, coaching of child, court as upper guardian, credibility assessment, custody and access, Dispute of Fact, expert evidence family law, expert witness requirements, family advocate report, forensic psychologist report, interlocutory applications, judicial investigation children, motion proceedings, onus of proof family law, Parental Rights, Plascon-Evans rule, referral to trial, room hire principle, Rule 6(5)(g), section 28 best interests, sexual abuse allegations, shared parenting arrangements, South African Family Law, supervised contact, suspension of contact rights, unsubstantiated allegations Unproven Abuse Allegations and Expert Evidence: When Courts Reject Referral to Trial in Child Contact Disputes – C.N v I.G.R (D6383/2024) [2025] ZAKZDHC 68 (28 October 2025). The Factual Matrix: Allegations of Sexual Abuse and Protracted Litigation The case of C.N v I.G.R (D6383/2024) ZAKZDHC 68 (28 October 2025) presents a troubling factual scenario that will resonate… READ MORE
02/07/2025 Bertus Preller Divorce, Divorce settlement defects, Liquidator, Procedural Law, Receiver Divorce, Recission of Divorce Orders, Settlement agreement finality, Settlement agreement interpretation, Settlement agreement variation, Settlement agreements Children's Best Interests, children's inheritance rights, community of property marriages, condonation applications, debt-free property preservation, Divorce Act section 7(8), divorce aftermath litigation, divorce settlement defects, joint estate liquidation, legal representation duties, liquidator appointment applications, matrimonial home disputes, matrimonial property trust, motion proceedings evidence, pension benefits accrual, pension fund entitlements, pension interest claims, Plascon-Evans rule, post-divorce disputes, property occupation disputes, res judicata principles, Rule 42 variation applications, settlement agreement finality, settlement agreement variation, trust beneficiaries protection, trust registration requirements, trustee appointment orders, unrepresented parties divorce Six Years Later: Defective Settlement Clause Triggers Failed Liquidation Bid in PLB v LRB (36798/2014) [2025] ZAGPPHC 600 – 4 June 2025. The Facts: A Matrimonial Home Dispute Six Years After Divorce This case concerned a post-divorce dispute that arose six years after the dissolution of marriage between PLB and LRB, who… READ MORE
29/06/2025 Bertus Preller Costs, Customary Law, Customary Marriages, Motion Proceedings, Plascon Evans Rule, Punitive Cost Orders, Recognition of Customary Marriages Act affidavit conflict, ancestral law, Black Administration Act, civil marriage, customary marriage, customary rites, Deane AJ, estate administration, executor appointment, family law litigation, Germiston, High Court Free State, inheritance law, KwaZulu Natal, legal burden of proof, legal recognition, lobolo, Marital Disputes, marital status dispute, marriage registration, Master of the High Court, matrimonial property, Moloi v Nkosi, motion proceedings, Plascon-Evans rule, QwaQwa, RCMA 120 of 1998, South African Family Law, Zulu marriage customs Moloi v Nkosi and Others (1713/2025) [2025] ZAFSHC 153 (15 May 2025): Customary Marriage Claims Undone by Motion Proceedings and the Plascon-Evans Rule. The Factual Matrix: Competing Marital Claims and the Legacy of Customary Law At the heart of Moloi v Nkosi and Others (1713/2025) ZAFSHC 153 (15 May 2025) lies a bitter… READ MORE
29/06/2025 Bertus Preller Customary adoption, Inheritance rights, Intestate Succession, Master of the High Court, South African succession law 2009 succession law, adoption formalities, cultural legal norms, customary adoption, customary law adoption, customary legal obligations, Eastern Cape High Court, family inheritance law, indigenous legal systems, inheritance disputes, inheritance rights, intestate estate disputes, intestate heirs, intestate succession, legal definition of descendant, legal descendants, Maneli case, Master of the High Court, Maswanganyi case, Plascon-Evans rule, Reform of Customary Law Act, South African Family Law, South African succession law, succession and customary law, Tshali v Nandi, Ubuntu and law, Ubuntu in law, Xhosa customary law, ZAECMHC 39 When Ubuntu Is Not Enough: Customary Adoption and Succession Rights Examined in Tshali and Another v Nandi and Others (5307/2022) [2025] ZAECMHC 39 (20 May 2025). The Factual Matrix: Customary Bonds, Competing Heirs and a Contested Legacy The dispute in Tshali and Another v Nandi and Others (5307/2022) ZAECMHC 39 arose from a heartfelt claim by… READ MORE