27/10/2026 Bertus Preller Attachment of bank account, Execution debtor notice, Incorporeal property attachment, Interim maintenance enforcement, Rule 43, Rule 43 Applications, Sheriff notice of attachment, Writ of execution arrear maintenance recovery, attachment of bank account, Congo Oil v Identiguard, divorce execution procedure, Exclusive Access Trading v Bouwer, execution debtor notice, frozen bank account divorce, Gauteng Division Johannesburg, incorporeal property attachment, interim maintenance enforcement, irregular attachment, Jaftha v Schoeman, judicial oversight execution, Koutroulis v ABSA, Lipshitz AJ, M.T.J v E.C.J, party and party costs scale A, Riordan v First National Bank, Rule 43 maintenance, Rule 45(8), rule 6(12) urgency, setting aside attachment, sheriff notice of attachment, South African Family Law, Stratgro Capital v Lombard, TBP Building v Chetty, Uniform Rules of Court, Writ of Execution, ZAGPJHC 1216 No Notice, No Attachment: Freezing a Bank Account to Enforce Rule 43 Maintenance in M.T.J v E.C.J (2026-060216) [2026] ZAGPJHC 1216 (23 October 2026). This case concerns the attachment of a husband's bank account to enforce an unpaid Rule 43 maintenance order. The Johannesburg High Court set the attachment aside because the sheriff had… READ MORE
25/10/2026 Bertus Preller Alter ego trust, Discretionary family trust, Discretionary trust, Discretionary Trust Divorce South Africa, Divorce, Former spouse, trust beneficiary, Joinder of trustees, Section 13 Trust Property Control Act, Trust beneficiary divorce, Trust joinder divorce, Trust Property Control Act 57 of 1988, Trusts, Trusts alter ego, alternative remedy, anti-dissipation interdict, balance of convenience, company assets divorce, contempt of court order, contingent claim, Die Dros v Telefon Beverages, divorce litigation South Africa, EB v ER, ex parte reconsideration, family trust divorce, freezing order, Gauteng High Court Johannesburg, interim interdict, irreparable harm, KG v Minister of Home Affairs, Knox D'Arcy v Jamieson, out of community of property without accrual, piercing the corporate veil, preservation order, prima facie right, redistribution of assets, Rule 43 financial disclosure, Rule 43 maintenance, S.M v J.M, section 7(3) Divorce Act, section 7(5) Divorce Act, trust resolution independent trustee Freezing the Trust and the Company: Why a Section 7(3) Redistribution Claim Did Not Found a Preservation Order Against Separate Legal Entities in T.J.R v S.L.R and Others (2026-000369) [2026] ZAGPJHC 1181 (8 October 2026). This case concerns a wife, married out of community of property without accrual, who sought interim preservation orders over assets held by a family trust and a company controlled by… READ MORE
12/09/2026 Bertus Preller Alimony, Arrear Maintenace, Arrear Maintenance, Arrear maintenance claims, Civil contempt South Africa, Contempt of Court, Contempt of court maintenance, Costs, Divorce, Interim Maintenance, Maintenance, Maintenance Act 99 of 1998, Maintenance Calculator, Maintenance Calculator, Maintenance Court, Maintenance order enforcement, Procedural Law, Punitive costs orders, Rule 43, Rule 43 Applications, Rule 43 Contempt, Rule 43 orders, Serial contempt, Spousal Maintenance attorney-and-own-client costs, best interests of minor children, beyond reasonable doubt, contempt of court, court order enforcement, D W v J L K, divorce litigation South Africa, evidentiary burden, Fakie case, full financial disclosure, interim maintenance, maintenance defaulter, maintenance enforcement, Maintenance Order, mala fides, mortgage bond arrears, non-compliance with court order, periodic imprisonment, Plascon-Evans rule, punitive costs, Rule 43, Rule 43 maintenance, South African Family Law, standard of proof, suspended committal, V.P v D.P, weekend imprisonment, Western Cape High Court, wilful non-compliance Defying a Rule 43 Maintenance Order: Weekend Imprisonment and Punitive Costs in V.P v D.P (2026/190344) [2026] ZAWCHC 509 (10 September 2026). The Facts: Persistent Non-compliance with a Rule 43 Maintenance Order In V.P v D.P (2026/190344) ZAWCHC 509 (10 September 2026), Davis J dealt with an urgent application arising from a… READ MORE
22/08/2025 Bertus Preller Alienation, Alimony, Arrear Maintenance, Arrear Maintenance Variation, Best Interests of the Child, Child Maintenance, Children, Contempt of Court, Interim Maintenance, Maintenance, Maintenance order enforcement, Parental Alienation, Parental Rights, Rule 43, Rule 43 Contempt, Rule 43 orders, Spousal Maintenance beyond reasonable doubt standard, child maintenance default, Children's Act contempt, civil criminal contempt hybrid, Constitutional Court contempt, constitutional rights contempt, contact order violations, contempt defenses, contempt of court, contempt proceedings procedure, court order enforcement, custody order violations, Divorce Act enforcement, fair trial rights, genuine inability defense, L.L.K v P.K case analysis, maintenance order enforcement, parenting plan contempt, punitive costs contempt, purge contempt conditions, Rule 43 maintenance, South African Family Law, spousal maintenance contempt, suspended imprisonment contempt, weekend imprisonment, wilful contempt mala fide From Case to Comprehensive Analysis: L.L.K v P.K (D317/2019) [2025] ZAKZDHC 54 Sparks Deep Dive into Contempt of Court in South African Family Law – Constitutional Protections, Enforcement Mechanisms, and Evolving Jurisprudence. Introduction and Context Contempt of court in South African law refers to the wilful and mala fide (bad faith) refusal to comply with a court order. In the realm of… 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
28/05/2025 Bertus Preller Arrears, Children, Divorce, Interim Maintenance, Islamic Law, Maintenance, Muslim Marriages, Punitive Cost Orders, Rule 43 Acting Judge Van Zyl, attorney client costs, blameworthy conduct, child maintenance, child support enforcement, contempt of court, Contempt Proceedings, curator ad litem, family court orders, family law contempt, family law enforcement, maintenance arrears, maintenance contempt, maintenance default, maintenance defaulters, maintenance enforcement, maintenance obligations, maintenance variation applications, mala fides, periodical imprisonment, punitive costs orders, rental obligations, Rule 43 maintenance, Rule 43 orders, South African Family Law, Suspended Sentence, weekend imprisonment, Western Cape High Court, wilful non-compliance Contempt of Court for Maintenance Default: Weekend Imprisonment and Punitive Costs in S.L v A.C (2024/143281) [2025] ZAWCHC 212 (21 May 2025). Facts The parties were married on 27 April 2009 under Shariah law and have two minor children. Their civil marriage still subsisted, albeit described by Acting Judge Van Zyl as… READ MORE