04/02/2026 Bertus Preller Alimony, Costs, Family Advocate, Interim Maintenance, Maintenance, Mediation, Non-disclosure consequences, Pendente Lite, Rule 43, Rule 43 Applications, Rule 43 orders, Spousal Maintenance, Uberrimae fidei matrimonial proceedings, Uniform Form Rules of Court adverse costs orders family law, clean hands doctrine, contribution to legal costs, contribution towards costs requirements, custody and contact disputes, Du Preez v Du Preez, duty of disclosure in divorce, duty of support spouses, equitable relief divorce, false affidavits maintenance, Family Advocate role, family law dishonesty, financial disclosure matrimonial proceedings, interim maintenance South Africa, maintenance court jurisdiction, matrimonial property disputes, Mediation in Certain Divorce Matters Act, non-disclosure consequences, Office of Family Advocate, perjury in divorce proceedings, prima facie case legal costs, Rule 43 applications, Rule 43 costs orders, Rule 43(5) discretion, South African divorce law, spousal maintenance pendente lite, uberrimae fidei matrimonial proceedings, Uniform Rules of Court Rule 43, Van Rippen v Van Rippen When Clean Hands Matter: The Fatal Cost of Non-Disclosure in Rule 43 Applications – S.J. J v M.M. J (2025/056214) [2026] ZAGPJHC 57 (2 February 2026). Factual Matrix: A Rule 43 Application Gone Wrong The parties married on 13 October 2012 in Johannesburg, out of community of property with the accrual system. Two minor children were… READ MORE
19/12/2025 Bertus Preller Adversarial Legal System, Best Interests of the Child, Children, Children's Court, Children's matters South Africa, Divorce, Hostile Family Lawyers, Lawyer-client alignment, Legal Practice Act 28 of 2014, Litigation misconduct, LPC Code of Conduct, LPC Code of Conduct, Mediation, Parental Coordinator, Parental Rights, Rule 41A mediation notice, Zealous advocacy adversarial litigation, Alternative Dispute Resolution, attorney ethics children, best interests of child, child-centred advocacy, child-focused representation, children's matters South Africa, Children’s Act 38 of 2005, co-parenting relationships, collaborative family law, contact disputes, costs de bonis propriis, custody disputes, family law ethics, family law South Africa, family mediation mandatory, lawyer-client alignment, Legal Practice Act 28 of 2014, Legal Practice Council, LPC Code of Conduct, mediation family law, parental alienation, parental conflict, parenting responsibilities, professional conduct family lawyers, Rule 43 applications, section 6(4) Children's Act, section 7 Children's Act, Van den Berg v Le Roux, zealous advocacy When Lawyers Become Warriors: The Dangers of Over-Identification with Clients in South African Children’s Matters. Introduction In high conflict childcare and contact disputes, lawyers sometimes align so closely with their clients’ positions that they become virtual proxies for parental animosity. This “over-identification” with clients, even… READ MORE
21/10/2025 Bertus Preller Abuse of Process, Alimony, Asset Disclosure, Children, Costs, Divorce, Fishing expedition discovery, Gender equality, Hostile Family Lawyers, Interim Maintenance, Irregular proceedings, Maintenance, Matrimonial proceedings discovery, Procedural Law, Procedure, Prolixity, Punitive Cost Orders, Rule 43, Rule 43 Applications, Rule 43 Contempt, Rule 43 Cost Contributions, Rule 43 orders, Rule 58 Access to Justice, accrual claims, attorney fees Rule 43, B.S v K.W.S 2025, catch me if you can divorce, Children's Best Interests, constitutional implications maintenance, contribution to legal costs, E v E full court, financial disclosure divorce, financially weaker spouse, full and frank disclosure, gender equality divorce, hiding assets divorce, interim relief pending divorce, interim spousal maintenance, KwaZulu-Natal High Court, length of court papers, maintenance pendente lite, matrimonial litigation, matrimonial property disputes, prolixity in divorce proceedings, relevant versus irrelevant evidence, Rule 43 applications, S.M v N.M 2024, South African Family Law, standard of living divorce, striking off applications, Uniform Rule 43 When Brevity Becomes Brutality: S.M v N.M (D6667/2024) [2024] ZAKZDHC 54 versus B.S v K.W.S (2025/027511) [2025] ZAGPPHC 1085 – Has Striking Off Rule 43 Applications for Prolixity Gone Too Far? Two Cases, Two Outcomes: The Factual Matrix of S.M v N.M and B.S v K.W.S The contrasting outcomes in S.M v N.M (D6667/2024) ZAKZDHC 54 (28 August 2024) and B.S… READ MORE
10/09/2025 Bertus Preller Abuse of Process, Costs, Divorce, Divorce summons prerequisite, Maintenance, Procedural Law, Procedure, Rule 43, Rule 43 Cost Contributions, Rule 58 2018 Rule 43 amendment, child custody applications, Court Jurisdiction, divorce attorneys, divorce law procedure, divorce practice, divorce summons prerequisite, divorce summons timing, family court procedures, family law practitioners, High Court Gauteng, in limine objections, interim applications, interim maintenance, interim relief requirements, legal costs contribution, legal procedural requirements, litigation prerequisites, matrimonial action pending, matrimonial disputes, matrimonial interim relief, matrimonial law compliance, matrimonial proceedings, pendente lite applications, pending divorce requirement, Procedural Compliance, procedural defects, Rule 43 applications, South African Family Law, Uniform Rules of Court No Divorce Summons, No Rule 43 Relief: A.C v H.C (2024/148225) [2025] ZAGPJHC 741 (28 July 2025) Confirms Procedural Prerequisites for Matrimonial Interim Applications. Factual Background and Procedural History The case A.C v H.C (2024/148225), decided on 28 July 2025 in the Gauteng Local Division, Johannesburg, addressed a Rule 43 application for interim relief… READ MORE
07/08/2025 Bertus Preller Abuse, Adversarial Legal System, Child Bullying, Child protection, Children, Children's Court, Conduct of Childcare Experts, constitutional rights of children, Contempt of Court, Costs, Curator Ad Litem, Emotional Abuse, Family reunification, Grandparents Rights, Guardianship, Hague Convention on the Civil Aspects of International Child Abduction, Hostile Family Lawyers, Joint Decision Making, Parental Alienation, Parental Coordinator, Parental Rights, Punitive Cost Orders, Reunification, Reunification therapy, Section 28 Constitution, Views of the Child AB-PA, attachment-based parental alienation, Australian parenting orders, best interests of the child, child’s rights, children’s act, co-parenting programs, contempt enforcement, curator ad litem, custody variation, differential diagnosis, emotional abuse, expert evidence, Family Advocate inquiries, forensic psychologist, interim orders, international comparison, legislative reform, multi-disciplinary approach, parental alienation, parenting coordinator, preventive education, psychological assessment, reunification therapy, Rule 43 applications, South African Family Law, supervised contact, therapeutic court orders, UK CAFCASS model, US friendly parent factor Parental Alienation in South African Family Law: Legal Framework, Case Analysis, and Comparative Perspectives. Introduction Parental alienation has emerged as one of the most heart-wrenching dilemmas in South African family law, surfacing with alarming frequency in high-conflict divorces and custody battles. At its core,… READ MORE
12/06/2025 Bertus Preller Costs, Divorce, Financial Disclosure, Rule 43, Rule 43 Cost Contributions, Rule 58, Spousal Maintenance, Variation Rule 43(6) Access to Justice, accrual system, banking statements, business interests, close corporation income, costs orders, court discretion, credit facilities, Divorce Act, divorce costs, divorce proceedings, evidence requirements, Family Law, financial disclosure, financial means assessment, High Court Judgment, inadequate disclosure, interlocutory applications, legal contribution, legal costs contribution, legal representation funding, litigation funding, material change circumstances, matrimonial law, matrimonial litigation, patrimonial benefits, Property Valuation, Rule 43 applications, spousal maintenance, uniform rules court Rule 43 Applications Dismissed: Financial Disclosure Failures Sink Litigation Funding Bid in J VW v P C VW (EL 514/2025) [2025] ZAECELLC 8 (27 May 2025). The Facts The parties were involved in a divorce action with patrimonial benefits and the accrual system being central issues. Before the court was an application for a further contribution… READ MORE
08/06/2024 Bertus Preller Alimony, Divorce, Domicile, Jurisdiction, Maintenance, Muslim Marriages, Procedural Law, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance Acting Judge Wathen-Falken, Cheshire's Private International Law, conflicts of law, Covid-19, cross-border divorce, Divorce Act 70 of 1979, domicile, domicile of choice, flexible living arrangements, foreign divorce orders, Glen v Glen, interim relief, jurisdiction, legal professionals, lis pendens, Massey v Massey, matrimonial disputes, private international law, remote work, reportable judgment, residence, Rule 43 applications, S.W v S.W, South African divorce law, specialized legal advice Navigating the Complexities of Cross-Border Divorce: An Analysis of the Reportable Judgment in S.H-K v R.K (6170/2023) [2024] ZAWCHC 1 by Wathen-Falken AJ. The Complexities of Divorce Proceedings Across International Borders The case of S.H-K v R.K (6170/2023) ZAWCHC (06 May 2024) highlights the intricacies and challenges that arise when divorce proceedings span… READ MORE
12/02/2024 Bertus Preller Alimony, Alternative Dispute Resolution, Child Maintenance, Children, Divorce, Interim Maintenance, Maintenance, Parental Rights, Relocation, Rule 43, Spousal Maintenance achieving fair maintenance orders, calculating maintenance, child support, children's welfare in divorce, court analysis, discretion in family court, Divorce Litigation Costs, divorce proceedings, family court judicial decisions, family law insights, financial assistance impact, financial disclosure, financial obligations in divorce, good faith in legal proceedings, interim maintenance, legal obligations of parents, legal precedents in maintenance, legal strategy in family law, maintenance application guidance, maintenance disputes resolution, maintenance order implications, MD v RJD case, navigating divorce challenges, parental financial responsibility, primary residency rulings, reasonable parental contact, Rule 43, Rule 43 applications, South African Family Law Rule 43 Unpacked: Navigating Interim Maintenance in MD v RJD (053357/2022) [2024] ZAGPPHC 79 (5 February 2024). Introduction In the case of MD v RJD (053357/2022) ZAGPPHC 79 (5 February 2024), the Gauteng Division of the High Court delved into the complexities of interim maintenance for children… READ MORE
09/02/2024 Bertus Preller Costs, Division of Estate, Divorce, In Community of Property, International Divorce, International Divorce, Liquidator, Marital Regimes, Procedural Law Antenuptial Contract, Bertus Preller, cross-border marriage, divorce proceedings, expert evidence, F. Bezuidenhout AJ, financial disclosure, foreign marriage, full disclosure, immediate division, international private law, landmark case, legal precedent, legal principles, Lex Domicilii Matrimonii, matrimonial consequences, matrimonial disputes, matrimonial domicile, matrimonial law, matrimonial property, Matrimonial Property Act, MPA, new case, new judgement, procedural law, Rule 36(9), Rule 43 applications, South African Law, Substantive Law Deciphering L.E v L.A (1884/2018) [2024] ZAGPJHC 104 (9 February 2024): A Landmark Case on Foreign Marriages and South African Property Law. – 9 February 2024. Introduction to the Case In a landmark decision that navigates the intersection of matrimonial law and international private law, the High Court of South Africa, Gauteng Division, Johannesburg, was presented… READ MORE
09/02/2024 Bertus Preller Alimony, Divorce, Maintenance, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance assessment of financial needs, clean hands doctrine, court discretion, disclosing financial information, divorce court orders, divorce financial obligations, divorce proceedings, equitable relief, financial deceit in divorce, financial disclosure, financial transparency, honesty in legal proceedings, inheritance disclosure, interim maintenance, interim relief, judicial fairness, legal costs in divorce, Legal Ethics, legal obligations in divorce, legal strategies in divorce, maintenance orders, Marital Assets, marital financial disputes, NZIWENI J, Rule 43 applications, savings disclosure, South African Family Law, spousal support, striking applications, transparency in divorce, Uniform Rules of Court Unlocking Fairness in Divorce: The Critical Role of Full Disclosure in Rule 43 Applications. – C.A v H.A (5578/2022) [2024] ZAWCHC 25 (6 February 2024). Introduction In the case of C.A vs. H.A, brought under Rule 43 of the Uniform Rules of Court, the applicant sought interim maintenance for herself while awaiting the finalisation of… READ MORE