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
25/10/2026 Bertus Preller Alimony, Arrear Maintenance, Arrear maintenance claims, Arrear Maintenance Variation, Attorney and client costs, Child Maintenance, Civil contempt South Africa, Contempt of Court, Contempt of court maintenance, Costs, Divorce, Fakie test, Interim Maintenance, Maintenance, Maintenance Act 99 of 1998, Maintenance Calculator, Maintenance Calculator, Maintenance Court, Maintenance Court, Maintenance order enforcement, Procedural Law, Procedure, Punitive costs orders, Rule 43 Contempt, Rule 43 orders, Serial contempt, Spousal Maintenance Arrear Maintenance, Attorney and Client Costs, Cloete J, consent paper, contempt of court, D.O v M.E, divorce order, enforcement of maintenance, evidential burden, financial disclosure, HEG Consulting v Siegwart, LAN v OR Tambo Airport, Maintenance Act 99 of 1998, maintenance court jurisdiction, Maintenance Order, MM v MF, non-encumbrance clause, rehabilitative maintenance, Secretary of the Judicial Commission v Zuma, section 6(2) jurisdiction, self-help, spousal maintenance South Africa, SS v VVS, Suspended Sentence, variation of maintenance, Western Cape High Court, wilful and mala fide, writ of execution maintenance, ZAWCHC 624 Self-Help Is Not a Defence: Ex-Husband Held in Contempt for Flouting Maintenance Order in D.O v M.E (6955/2018) [2026] ZAWCHC 624 (21 October 2026). This case concerns a former husband who, for the better part of seven years, paid his ex-wife’s court-ordered rehabilitative maintenance when and in the amount he chose, pleaded poverty and… READ MORE
03/10/2026 Bertus Preller Alimony, Child Maintenance, Clean Break Principle, Divorce, Divorce settlement agreement, Maintenance, Maintenance Act 99 of 1998, Maintenance Calculator, Maintenance termination, Pendente Lite, Post-divorce maintenance, Procedural Law, Rehabilitative maintenance, Rule 43 orders, Settlement agreements, Spousal Maintenance accrual system, Antenuptial Contract, Botha v Botha, clean break principle, Divorce Attorney Cape Town, divorce maintenance South Africa, divorce settlement, drawdown rate, earning capacity, expert evidence, family law South Africa, industrial psychologist, interim maintenance, lifelong maintenance, living annuity, maintenance after divorce, maintenance claim, partisan expert, Pendente Lite, pension interest, rehabilitative maintenance, Rule 43, Rule 43(6), section 37D Pension Funds Act, Section 7(2) Divorce Act, spousal maintenance, spousal support, trust assets divorce, Western Cape High Court No Right, Only a Discretion: Rehabilitative Maintenance, Earning Capacity and the Clean Break in H.L.B v J.B (6071/2021) [2026] ZAWCHC 561 (23 September 2026). The Facts: A Long Marriage, a R9.1 Million Settlement and a Maintenance Claim with No Tender The parties in H.L.B v J.B were married on 22 August 1998, out of… READ MORE
28/05/2026 Bertus Preller Alimony, Clean Break Principle, Divorce, Maintenance, Maintenance termination, Matrimonial Properties Act, Matrimonial Property Act 88 of 1984, Pension Funds, Post-divorce maintenance, Rehabilitative maintenance, Section 7(2) maintenance, Spousal Maintenance accrual system, Antenuptial Contract, clean break principle, conduct of parties, contribution towards costs, CPI escalation, Divorce Act 70 of 1979, divorce South Africa, duration of marriage, earning capacity, employability, Family Law, financial needs and obligations, GEPF, industrial psychologist, Maintenance Order, marital standard of living, matrimonial property, Matrimonial Property Act 88 of 1984, onus to prove need, pendente lite maintenance, pension interest, rehabilitative maintenance, retirement, Section 7(2), section 7(8), spousal maintenance, stay-at-home spouse, termination of maintenance When the Money Must Stop: Rehabilitative Maintenance and the Clean Break in M.I.B (born H[…]) v D.B (2023-079189) [2026] ZAGPPHC 411 (2 May 2026). M.I.B (born H) v D.B (2023-079189) ZAGPPHC 411 (2 May 2026) This judgment of Smit AJ in the Gauteng Division, Pretoria, is a useful working example of how a court… READ MORE
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
12/08/2025 Bertus Preller Adult Children, Alimony, Arbitration, Arrear Maintenace, Arrear Maintenance, Arrear Maintenance Variation, Arrears, Best Interests of the Child, Child Maintenance, Child protection, Children, Division of Estate, DNA testing, Financial Disclosure, Interim Maintenance, Maintenance, Maintenance Calculator, Maintenance Court, Marriage, Procedural Law, Procedure, Rule 43, Rule 43 Contempt, Rule 43 Cost Contributions, Rule 43 orders, Rule 58, Spousal Maintenance best interests of the child, calculate child maintenance, calculate spousal maintenance, child maintenance South Africa, child support arrears, Children’s Act maintenance, Divorce Act South Africa, divorce maintenance law, divorce settlement South Africa, emoluments attachment order, garnishee order South Africa, interim maintenance South Africa, lifelong spousal maintenance, maintenance amendment act 2015, maintenance calculation formula, maintenance calculator South Africa, maintenance court procedure, maintenance court South Africa, maintenance enforcement South Africa, maintenance variation South Africa, major child maintenance South Africa, parental duty of support, post-divorce maintenance, rehabilitative maintenance, Rule 43 maintenance, Section 7(2) Divorce Act, South African Maintenance Act, spousal maintenance South Africa, token maintenance Child and Spousal Maintenance in South Africa: Complete Guide to Legal Duties, Court Processes, and Case Law (2025 Edition). Introduction Child and spousal maintenance are critical aspects of family law in South Africa, ensuring that dependents are cared for financially when families break up or circumstances change. Maintenance generally… READ MORE
21/06/2024 Bertus Preller Alimony, Divorce, In Community of Property, Maintenance, Spousal Maintenance Asset Division, clean break principle, costs award, court discretion, Divorce Act, divorce settlement, earning capacity, financial planning, financial security, financial vulnerability, Gender Equality, health considerations, holistic approach, Judicial Discretion, legal precedent, life-long maintenance, long-term marriage, Marital Assets, medical aid, pension benefits, permanent maintenance, post-divorce living standards, procedural flexibility, quality of life, rehabilitative maintenance, retirement funds, South African divorce law, spousal support, witness credibility Life-Long Spousal Maintenance Upheld: M.T v E.T (8197/2018) [2024] ZAGPJHC 578 (20 June 2024). Background: A 28-Year Marriage Comes to an End The case of M.T v E.T (8197/2018) ZAGPJHC 578 (20 June 2024) presents a moving tale of a long-term marriage's dissolution and… READ MORE