07/12/2024 Bertus Preller Accomodation, Alimony, Arrear Maintenance Variation, Arrears, Children, Divorce, Interim Maintenance, Maintenance, Rule 43, Spousal Maintenance, Variation Rule 43(6) children's rights, constitutional protection, court order variation, custody rights, divorce proceedings, family accommodation, Family Law, financial protection, High Court Judgment, interim relief, judicial precedent, legal precedent, Lekhuleni J, maintenance arrears, maintenance default, matrimonial home, matrimonial property, Minor Children, parental obligations, property rights, Property Transfer, rental accommodation, Rule 43 variation, shelter protection, shelter rights, South African courts, spousal maintenance, unilateral property sale, upper guardian, Western Cape High Court Selling the Family Home? Court Protects Children’s Rights to Shelter in Ruling: MSH v JSH (Reasons) (618/2019) [2024] ZAWCHC 406 (29 November 2024). Background: The Sale of the Matrimonial Home and Rule 43 Variation In a recent Western Cape High Court decision, M.S.H v J.S.H (Reasons) (618/2019) ZAWCHC 406 (29 November 2024), the… READ MORE
30/11/2024 Bertus Preller Anti-Dissipation Interdicts, anti-dissipatory relief, Division of Estate, Divorce, In Community of Property, Interdict, Procedural Law, Procedure Attorney Conduct, auction process, civil procedure, conveyancing, court order, divorce agreement, divorce proceedings, divorce settlement, execution debtor, execution sale, High Court Judgment, judicial fairness, judicial interpretation, judicial oversight, Legal Ethics, legal fairness, legal precedent, market value, matrimonial assets, matrimonial property, procedural fairness, property auction, property dispute, property law, property rights, property rights protection, Property Transfer, Property Valuation, sale in execution, Sheriff's sale, South African Law From R1.5 Million to R1000: How a Divorce Property Sale Went Terribly Wrong – M.R.M v M.F.M and Others (M614/2023) [2024] ZANWHC 289 (26 November 2024). In what could be dubbed "The Case of the Thousand Rand Mansion," the North West High Court recently had to grapple with a property sale that would make any estate… READ MORE
30/11/2023 Bertus Preller Costs, Divorce, Financial Disclosure, Hiding Assets, International Divorce Appeal Process, Asset Concealment, Co-ownership, Court Rulings, Divorce, Family Law, Financial Disputes, Legal Consequences South African Law, legal obligations, Legal Perspective, Legal precedents, Legal Representation, Legal Strategy, maintenance claims, Marital Assets, Namibian Law, Property Division, Property Transfer, Public Policy, Trust Agreements Divorce and Deception: A Landmark Case on Hidden Assets and Legal Consequences – Insights from Namibian Law: Oberholzer v Loots and another (SA 33-2021) NASC [2023] (22 November 2023) Background and Relationship between the Parties The Appellant and the Respondent were involved in a personal relationship. During this period, they lived together and were engaged in the management and… READ MORE