08/12/2025 Bertus Preller Accrual system, Clean Break Principle, Cohabitation, Costs, Direct financial contributions, Division of Estate, Divorce, Divorce Act 70 of 1979, EB v ER Constitutional Court, Equitable redistribution, Marriage, Marriage equality, matrimonial asset division, Out of community of property, Procedure, Punitive Cost Orders, Redistribution Claim, Rehabilitative maintenance, Section 7(2) maintenance, Section 7(3) Divorce Act, Section 7(4) contributions, Universal Partnership accrual system, antenuptial contract without accrual, Attorney and Client Costs, Beaumont v Beaumont, clean break principle, cohabitation before marriage, direct financial contributions, domestic partnership, EB v ER Constitutional Court, equitable redistribution, estate valuation disputes, family law redistribution, full court binding precedent, household duties, indirect contributions to estate, matrimonial asset division, Matrimonial Property Regime, out of community of property, Ponelat v Schrephfer, post-separation conduct, redistribution claims, rehabilitative maintenance, section 7(2) maintenance, section 7(3) Divorce Act, section 7(4) contributions, South African divorce law, spousal maintenance, trust asset disclosure, universal partnership Beyond Marriage: 30 Years, 40% Redistribution and the Universal Partnership Principle – E.L.M v L.M (9360/2022P) [2025] ZAKZPHC 127 (5 December 2025). Facts and Matrimonial Background: A 30-Year Relationship The parties in this matter were married out of community of property without the accrual system on 27 March 1999, following a six-year… READ MORE
29/11/2024 Bertus Preller Divorce, Procedure, Redistribution Claim amendment applications, amendment costs, amendment of pleadings, amendment rules, civil procedure, court amendments, Court Applications, court process, court rules, divorce amendments, divorce claims, divorce courts, Divorce Law, divorce litigation, divorce pleadings, divorce proceedings, High Court judgments, Judicial Discretion, legal amendments, legal developments, Legal Procedure, matrimonial property, pending divorces, pleadings procedure, procedural law, property claims, property redistribution, redistribution claims, Rule 55A Amending Divorce Pleadings: RVB v JVB (A92/2024) [2024] ZAFSHC Opens Door for Redistribution Claims. Background: Marriage and Divorce Proceedings In October 2009, a couple embarked on their marital journey with a clear legal framework in place. They entered into an antenuptial contract that explicitly… READ MORE