30/01/2025 Bertus Preller Costs, Divorce, Financial Disclosure, Procedural Law, Section 7 Matrimonial Properties Act accrual system, acting justice friedman, asset declaration, Asset Disclosure, beneficial ownership, catch-me-if-you-can principle, company assets, constitutional powers, corporate structures, disclosure obligations, divorce litigation, divorce procedure, divorce proceedings, divorce tactics, financial disclosure, financial transparency, Gauteng High Court, High Court Judgment, interlocutory applications, Judicial Discretion, legal precedent, matrimonial law, matrimonial property, Matrimonial Property Act, Practice Directive, Rule 33(4), Rule 43, section 7 notice, separation application, South African Law, Trust assets Playing Hide and Seek with Assets? High Court Says ‘Game Over!’ – D.M v D.M (2021 043212) [2025] ZAGPJHC 31 (28 January 2025). The Novel Question: When Must a Spouse Comply with a Section 7 Notice? When it comes to financial disclosure in divorce proceedings, some spouses treat their assets like a magician's… READ MORE
18/10/2024 Bertus Preller Adversarial Legal System, Best Interests of the Child, Child Maintenance, Children, Cohabitation, Costs, Divorce, International Divorce, Procedural Law, Relocation, Separation Applications child maintenance, cross-border family law, Dubai relocation, enforceability, High Court Judgment, international divorce, jurisdiction, minor children's interests, punitive costs, Rule 33(4), Rule 43, separation of issues, South Africa, Urgent Application Dubai Dreams vs. Divorce Duties: GK v KK (2015-96997) [2024] ZAGPPHC 1015 (16 October 2024) – Unravels International Family Law Challenges in Separation Applications. Background: The Complexities of an International Divorce The case of GK v KK (2015-96997) ZAGPPHC 1015 (16 October 2024) highlights the intricate challenges that arise when divorce proceedings intersect with… READ MORE
03/09/2024 Bertus Preller Children, Costs, Divorce, Financial Disclosure, Rule 43, Rule 43 Cost Contributions adverse inferences, child welfare, corporate veil, financial disclosure, high-net-worth, interim maintenance, Legal Costs, luxury lifestyle, maintenance pendente lite, marital standard, property expenses, psoriasis medication, Rule 43, South African divorce, trust law Rule 43 Showdown: High Court Unravels Luxury Divorce in M.M v T.M (2023/012335) [2024] ZAGPJHC 835. (20 August 2024). Background: A High-Flying Couple's Messy Divorce In the realm of high-profile divorces, the case of M.M v T.M (2023/012335) ZAGPJHC 835 (20 August 2024) stands out as a particularly complex… READ MORE
29/08/2024 Bertus Preller Adversarial Legal System, Costs, Maintenance, Procedural Law, Procedure, Rule 43 attorney fees, brevity, case management, court efficiency, divorce proceedings, Family Law, interim relief, Judicial Discretion, judicial rebuke, KwaZulu-Natal High Court, Legal Education, Legal Ethics, Legal Practitioners, matrimonial disputes, Mossop J, procedural abuse, prolixity, Rule 43, South Africa Judicial Crackdown on Verbose Rule 43 Applications: S.M v N.M (D6667/2024) [2024] ZAKZDHC 54 – (28 August 2024) The Essence of Rule 43: Brevity and Expediency in Matrimonial Proceedings In the recent High Court judgment of S.M v N.M (D6667/2024) ZAKZDHC 54 (28 August 2024), Judge Mossop delivered… READ MORE
07/08/2024 Bertus Preller Adversarial Legal System, Alternative Dispute Resolution, Best Interests of the Child, Children, Costs, Divorce, Financial Disclosure, Hostile Family Lawyers, Maintenance, Procedure, Rule 43, Spousal Maintenance aggressive litigation tactics, asset depletion, child welfare, divorce process critique, exorbitant legal fees, financial disclosure, financial hardship, high-conflict divorce, interim relief, judicial case management, Legal Costs, legal reform, maintenance variation, Material change in circumstances, matrimonial property, minor child impact, prolonged litigation, Rule 43, South African Family Law A Decade of Divorce: L.S v J.S (23967/2012) [2024] ZAGPJHC 653 Exposes Flaws in South African Family Law (2 August 2024). Background: A 12-Year Divorce Battle Reaches New Heights The case of L.S v J.S (23967/2012) ZAGPJHC 653 (2 August 2024) presents a stark illustration of the perils of prolonged divorce… READ MORE
31/07/2024 Bertus Preller Actio communi dividundo, Adversarial Legal System, Best Interests of the Child, Children, Costs, Divorce, Hostile Family Lawyers, Marital Regimes, Rule 43 actio communi dividundo, best interests of the child, children's interests, costs order, divorce proceedings, equity, family disputes, Family Law, Gauteng Division, High Court, joint ownership, legal precedent, litigation conduct, matrimonial home, Property Division, property rights, punitive costs, Robson v Theron, Rule 43, scale B costs, South African Law, transfer of property, valuation Dividing the Family Home and Awarding Costs: N M v M M and Another (2023/008561) [2024] ZAGPJHC 1818 Balances Property Rights, Children’s Interests, and Litigation Conduct. The Actio Communi Dividundo: Terminating Joint Ownership During Divorce Proceedings In the recent case of N M v M M and Another (2023/008561) ZAGPJHC 1818 (24 July 2024), the Gauteng… READ MORE
27/07/2024 Bertus Preller Alimony, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance court judgments, Divorce, divorce litigation, Family Law, financial assessment, financial disclosure, full disclosure, interim maintenance, interim relief, legal precedent, Legal proceedings, marital property, matrimonial assets, matrimonial disputes, Mediation, Rule 43, South Africa, spousal support, Uniform Rules of Court Full Disclosure and Reasonableness: Key Lessons from M.Y v J.Y (2024/013982) [2024] ZAGPJHC 684 in Rule 43 Applications (26 July 2024). Background: A Short-Lived Marriage Leads to Rule 43 Application The case of M.Y v J.Y (2024/013982) ZAGPJHC 684 (26 July 2024) revolves around a Rule 43 application filed by the… READ MORE
23/07/2024 Bertus Preller Contempt of Court, Financial Disclosure, Maintenance, Rule 43 contempt of court, Court Order Compliance, divorce proceedings, Family Law, financial transparency, Gauteng High Court, interim order, judicial authority, maintenance payments, mala fides, Rule 43, South African Law, Suspended Sentence, wilful disobedience Contempt of Court in Divorce Proceedings: Lessons from L.M.G V J.M.G (124145/2023) [2024] ZAGPPHC 672 (9 July 2024). The Importance of Obeying Court Orders in South Africa In the recent High Court judgment of L.M.G v J.M.G (124145/2023) ZAGPPHC 672 (9 July 2024), Judge Swanepoel emphasised the critical… READ MORE
18/07/2024 Bertus Preller Best Interests of the Child, Children, Costs, Parental Rights, Procedure, Rule 43 abuse of process, best interests of the child, Child Custody, child welfare, Constitutional Rights, divorce proceedings, Family Law, forum shopping, High Court, interim orders, Judicial Discretion, Legal Procedure, Legal Strategy, matrimonial matters, regional court, Rule 43, Rule 58, South African Law, urgency Navigating the Maze: Forum Shopping and Urgency in Family Law – Insights from D.G.S.F v M.F and Another (347/2024) [2024] ZAFSHC 207. Background: A High-Stakes Rule 43 Application The case of D.G.S.F v M.F and Another (347/2024) ZAFSHC 207 (2 July 2024) centres on a contentious Rule 43 application in the Free… READ MORE
27/04/2024 Bertus Preller Appeal, Divorce, Maintenance, Procedural Law, Review, Rule 43 2019 (6) SA 1 (CC), access to courts, appealability, best interests of the child, constitutionality, contributions towards costs, differentiation, divorce proceedings, equality before the law, Equality of Arms, inherent power, interests of justice, interim care, interim contact, interim matrimonial matters, interim orders, legitimate government purpose, maintenance pendente lite, non-appealability, rationality test, regulate own processes, Rule 43, S v S and Another (Centre for Child Law as Amicus Curiae), section 16(3), Superior Courts Act 10 of 2013, Uniform Rules of Court, urgent relief, variation of order Constitutionality of Barring Appeals Against Rule 43 Orders: S v S and Another (Centre for Child Law as Amicus Curiae) 2019 (6) SA 1 (CC). Introduction: The Facts and Procedural History of S v S and Another The Constitutional Court case of S v S and Another (Centre for Child Law as Amicus Curiae) 2019… READ MORE