25/10/2026 Bertus Preller Alter ego trust, Discretionary family trust, Discretionary trust, Discretionary Trust Divorce South Africa, Divorce, Former spouse, trust beneficiary, Joinder of trustees, Section 13 Trust Property Control Act, Trust beneficiary divorce, Trust joinder divorce, Trust Property Control Act 57 of 1988, Trusts, Trusts alter ego, alternative remedy, anti-dissipation interdict, balance of convenience, company assets divorce, contempt of court order, contingent claim, Die Dros v Telefon Beverages, divorce litigation South Africa, EB v ER, ex parte reconsideration, family trust divorce, freezing order, Gauteng High Court Johannesburg, interim interdict, irreparable harm, KG v Minister of Home Affairs, Knox D'Arcy v Jamieson, out of community of property without accrual, piercing the corporate veil, preservation order, prima facie right, redistribution of assets, Rule 43 financial disclosure, Rule 43 maintenance, S.M v J.M, section 7(3) Divorce Act, section 7(5) Divorce Act, trust resolution independent trustee Freezing the Trust and the Company: Why a Section 7(3) Redistribution Claim Did Not Found a Preservation Order Against Separate Legal Entities in T.J.R v S.L.R and Others (2026-000369) [2026] ZAGPJHC 1181 (8 October 2026). This case concerns a wife, married out of community of property without accrual, who sought interim preservation orders over assets held by a family trust and a company controlled by… READ MORE
04/08/2025 Bertus Preller Abuse of Process, Alimony, Anti-Dissipation Interdicts, anti-dissipatory relief, Child Maintenance, Children, Divorce, International Divorce, Maintenance, Procedural Law, Spousal Maintenance abuse of process, anti-dissipatory interdict, asset dissipation, asset protection, balance of convenience, Bassani Mining, bona fide expenditure, child maintenance, Colombian marriage law, cost orders, cross-border divorce, divorce proceedings, Family Law, foreign matrimonial regime, Hemiparesis disability, intention requirement, interim interdict, international divorce, jurisdictional requirements, Knox D'Arcy test, KSL v AL, mala fide conduct, matrimonial law, prima facie right, procedural pitfalls, spousal maintenance, urgent applications, Western Cape High Court Title: When Cross-Border Divorces Meet Anti-Dissipatory Interdicts: Intention, Abuse of Process and the Knox D’Arcy Test in T.S v J.V.C.P and Another (20783/24) [2025] ZAWCHC 325 (1 August 2025). Factual Matrix: A Cross-Border Marriage in Crisis This case presents the complexities that arise when a marriage governed by foreign law encounters the South African legal system during dissolution proceedings.… READ MORE
02/02/2024 Bertus Preller Anti-Dissipation Interdicts, Divorce, Hiding Assets AB v JB [2016] ZASCA 93; 2016 (5) SA 211 (SCA), alternative remedies, anti-dissipation interdict, anti-dissipation interdicts, anti-dissipation interdicts in divorce cases, asset dissipation, asset management, asset protection, balance of convenience, Carmel Trading case, Carmel Trading Company Ltd v Commissioner for the South African Revenue Services and Others (447/07) [2007] ZASCA 160; [2008] 2 All SA 125 (SCA); 2008 (2) SA 433 (SCA), Cases on dissipation of assets, concealing assets, Dissipation Interdict, divorce law evolution, divorce proceedings, equitable asset distribution, fair settlements, financial practices, Financial Settlements, financial transparency, interim relief, irreparable harm, judicial process, Knox D’Arcy case, Knox D’Arcy Limited v Jamieson [1996] ZASCA 58; 1996 (4) SA 348 (A), Langebrink v Langebrink 2017 JDR 1059 (GJ) and Gernetzky v Gernetzky [2007] JDR 0247 (E), Legal Framework, legal implications, Legal precedents, Legal Requirements, Mareva injunctions, Marital Assets, matrimonial law, Msunduzi Municipality case, Msunduzi Municipality v Natal Joint Municipal Pension Fund 2007 (1) SA 142 (N), negotiation dynamics, prima facie right, RS v MS 2014(2) SA 511 GSJ, safeguarding assets, SR v DR and Another (2980/2007) [2022] ZAGPJHC 172 Safeguarding Marital Assets: The Crucial Role of Anti-Dissipation Interdicts in Divorce Proceedings. Understanding Anti-Dissipation Interdicts An anti-dissipation interdict is an order that prevents a person from disposing of or concealing assets during divorce proceedings. Unlike Mareva injunctions, which prevent a defendant from… READ MORE