25/06/2025 Bertus Preller anti-dissipatory relief, Arrears, Best Interests of the Child, Child Maintenance, Children, Children's Court, Divorce, Maintenance, Maintenance Court, Preservation Order anti-dissipation interdict, best interests of child, child maintenance, court amendment powers, divorce settlement agreements, finality principle, financial disclosure, future maintenance, High Court jurisdiction, Maintenance Act 99 of 1998, maintenance arrears, maintenance obligations, parental support duties, preservation orders, property sale proceeds, reciprocal parental duties, Regional Court orders, rule 42 uniform rules, Section 28 Constitution, sectional title property, shared responsibility, South African Family Law, trust account preservation, unemployment maintenance, upper guardian, Western Cape High Court, ZAWCHC When Courts Will Preserve Property Sale Proceeds for Child Maintenance: D.D.B v T.D.B and Another (2025/073213) [2025] ZAWCHC 250 (19 June 2025). Establishes Shared Parental Responsibility. Key Takeaways This Western Cape High Court judgment establishes several crucial principles for family law practitioners and divorced parents navigating maintenance disputes. Courts will only grant preservation orders for future… READ MORE
19/12/2024 Bertus Preller Costs, Divorce, Procedure, Recission of Divorce Orders, Settlement agreements condonation applications, consent agreement, consent paper validity, Consent Papers, consent validity, Court Jurisdiction, court order rescission, Court Procedures, divorce consent requirements, divorce law south africa, divorce order challenges, divorce order variation, divorce proceedings, divorce rights, divorce settlements, financial pressure divorce, High Court Judgment, legal consent, legal precedent, legal representation divorce, mapongwana aj, Marriage Dissolution, mental health divorce, rescission of court orders, rule 42 applications, rule 42 uniform rules, South African Family Law, undue influence divorce, Western Cape High Court No Easy Path to Rescind Divorce Orders: Western Cape High Court’s Ruling in MMS v LES (5910/2019) [2024] ZAWCHC (19 December 2024). Court Finds No Grounds for Rescission of Divorce Order Despite Claims of Undue Influence In an important judgment delivered by Acting Judge Mapongwana in the Western Cape Division of the… READ MORE