19/11/2024 Bertus Preller Adversarial Legal System, Appeal, Best Interests of the Child, Children, Coercive Control, Conduct of Childcare Experts, Costs, Divorce, Family Law Court System South Africa, In Community of Property, Marital Regimes, Pacta sunt servanda, Parental Alienation, Parental Rights, Punitive Cost Orders, Relocation, Settlement agreements, Shared Residency best interests of child, breastfeeding rights, Child Custody, children's rights, children's act, Constitutional Rights, costs order, custody agreement, custody battle, divorce proceedings, divorce settlement, Family Advocate, family advocate recommendations, Family Court, Family Law, financial coercion, joint estate, Judicial Discretion, legal precedent, matrimonial property, Medupi Power Station, Parental Rights, parenting plan, Primary Caregiver, primary residence, settlement agreement, South African courts, Supreme Court of Appeal, unilateral relocation, upper guardian When Power Moves Meet Parental Rights: High Court Pulls the Plug on Dad’s Custody Settlement in ZDE v CE (1011/2022) [2024] ZASCA 159. (18 November 2024). Background to the Matter Picture this: the corridors of the Supreme Court of Appeal in Bloemfontein, where legal dramas unfold with the regularity of load-shedding schedules. But this time, the… READ MORE
17/09/2024 Bertus Preller Division of Estate, Divorce, Financial Disclosure, In Community of Property, Marriage, Settlement agreements Asset Division, community of property, Divorce Act, divorce proceedings, elderly couples, fairness in divorce, full disclosure, High Court Judgment, judicial responsibility, judicial scrutiny, late-life divorce, legal precedent, long-term marriage, marital estate, settlement agreement, South African Law, uncontested divorce, voluntary agreement Judicial Vigilance in Late-Life Divorce: Unpacking E.T v S.T (2024/066890) [2024] ZAGPJHC 873 (16 September 2024). The Importance of Full Disclosure in Divorce Settlements The recent judgment in E.T v S.T (2024/066890) ZAGPJHC 873 (16 September 2024) highlights a crucial aspect of divorce proceedings in South… READ MORE
13/09/2024 Bertus Preller Asset Disclosure, Division of Estate, Divorce, Hiding Assets, In Community of Property, Recission of Divorce Orders, Settlement agreements Asset Concealment, civil procedure, community of property, contract law, Court Jurisdiction, court order, damages claim, divorce proceedings, divorce settlement, exception, Family Law, financial disclosure, fraud allegations, fraudulent misrepresentation, Judicial Discretion, Legal Ethics, legal precedent, legal remedy, Legal Strategy, Marital Assets, matrimonial property, non-disclosure, professional liability, Public Policy, res judicata, separate action, settlement agreement, South African Law, Western Cape High Court Deception Exposed: L A C v J C [2024] ZAWCHC 143 – (9 September 2024) – Unmasks Fraud in Divorce Settlement Shocker. The Crux of the Case The crux of the case in L A C v J C and Others ZAWCHC 143 was whether the plaintiff could pursue a separate action… READ MORE
09/09/2024 Bertus Preller Arrears, Children, Contempt of Court, Divorce, Maintenance, Procedural Law, Procedure, Punitive Cost Orders, Recission of Divorce Orders, Settlement agreements, Urgency attorney-client costs, best interests of the child, child adoption, consent paper, court order, custody, Divorce, Family Law, High Court, mental capacity, Parental Rights, punitive costs, rescission, settlement agreement, South African Law Mental Capacity and Punitive Costs: The Cautionary Tale of C.H v A.C and Others (13612/2024) [2024] ZAWCHC 245. (4 September 2024) Background: A Tumultuous Divorce and Custody Battle The case of C.H v A.C and Others (13612/2024) ZAWCHC 245 unfolds against a backdrop of protracted legal skirmishes following the breakdown of… READ MORE
25/07/2024 Bertus Preller Accrual Calculation, Antenuptial Contracts, Appeal, Divorce, Pacta sunt servanda, Procedural Law, Procedure, Settlement agreements accrual system, appealable order, civil procedure, client advice, client communication, common mistake, contract law, divorce settlement, Family Law, judicial interpretation, justus error, legal certainty, Legal Practitioners, professional liability, settlement agreement, South African Law, Supreme Court of Appeal, thorough preparation, variation Legal Pitfalls in Divorce Settlements: B v B [2024] ZASCA 116 (24 July 2024). Warns Practitioners. The Dispute: A Settlement Agreement Under Scrutiny The case of B v B (259/2023) ZASCA 116 originated from a divorce settlement that quickly became contentious after its conclusion. The parties,… READ MORE
12/07/2024 Bertus Preller Best Interests of the Child, Children, Grandparents Rights, Guardianship, Parental Rights appellate interference, best interests of child, Children’s Court, children's act, Contact rights, court order, Family Advocate, Family Law, fraud, grandparental rights, High Court Judgment, K.R.S v C.L, legal principles, mistake, Parental Rights, rescission application, Section 23 application, settlement agreement, South Africa, void ab initio Grandparent Rights Upheld: High Court Rejects Father’s Bid to Rescind Contact Order in K.R.S v C.L (A186/2023) [2024] ZAGPPHC 627(21 June 2024). Background: The Children's Court Order and Family Dynamics The case of K.R.S v C.L (A186/2023) ZAGPPHC 627 stems from a complex family dispute involving a father, his children's maternal grandmother,… READ MORE
21/05/2024 Bertus Preller Best Interests of the Child, Children, Parental Rights, Procedure, Relocation, Schooling, Urgency, Views of the Child best interests of the child, child contact, child welfare, children's act, court order, court procedure, Divorce, East Rock Trading, Family Advocate, Family Law, Grootboom case, High Court, Johannesburg, judicial oversight, Legal Framework, legal principles, Mediation, Parental Rights, Procedural Compliance, procedural rules, relocation disputes, settlement agreement, shared custody, Uniform Rule 6(12), urgency test, urgent child relocation, Western Cape, ZAWCHC E.L.B v A.V.M (7521/24) [2024] ZAWCHC 132: Implications for Urgent Child Relocation Applications. Background and Context of E.L.B v A.V.M (7521/24) ZAWCHC 132 The Western Cape Division of the High Court of South Africa was tasked with resolving a highly contentious and urgent… READ MORE
30/04/2024 Bertus Preller Adversarial Legal System, Children, Divorce, Hostile Family Lawyers, Maintenance, Settlement agreements attorney behavior, attorney-client relationship, case analysis, child maintenance, conflict resolution in family law, courtroom behavior, D v D, effective dispute resolution, emotive language, ethical practice, family court conduct, Family Law, family law attorneys, High Court Johannesburg, impact of decorum, judicial guidance, judicial opinions, legal decorum, Legal Ethics, legal professionalism, legal representatives, non-hostile conduct, professional behavior, settlement agreement, South African Family Law, strategic legal practice, ZAGPJHC 1688 Encouraging Decorum: The Importance of Non-Hostile Conduct Among Family Law Attorneys in D v D (2021/23816) [2024] ZAGPJHC 1688 (26 April 2024). Introduction In the case of D v D (2021/23816) ZAGPJHC 1688 (26 April 2024), the crux of the matter stemmed from the respondent's decision to issue a writ of execution… READ MORE
22/04/2024 Bertus Preller Arrears, Child Maintenance, Children, Divorce, Maintenance, Procedure arrears, attachment of assets, costs order, counsel's fees, discretion, divorce order, factual basis, Family Law, High Court, inherent jurisdiction, injustice, maintenance court, maintenance enforcement, movable property, new costs rules, oppressive conduct, post-divorce dispute, precedent, right of election, self-supporting children, settlement agreement, stay of execution, substantive engagement, taxation, trust funds, Writ of Execution High Court Upholds Writ of Execution for Unpaid Maintenance Despite Forum Challenge. – M.R v L.O and Others (2023/070007) [2024] ZAGPJHC 371, (16 April 2024). Facts of the Case M.R v L.O and Others revolves around a dispute between former spouses over allegedly unpaid child maintenance. When the parties divorced, their divorce order incorporated a… READ MORE
03/04/2024 Bertus Preller Contempt of Court, Divorce, Settlement agreements, Trusts, Trusts accountability, Asset Division, beneficiary interests, compliance, contempt of court, court judgment, divorce order, divorce settlement, duty, Family Law, fiduciary responsibility, Johannesburg High Court, joint action, legal obligations, Legal proceedings, legal remedy, M.F v V.F case, Property Division, property sale, settlement agreement, South African trust law, trust administration, Trust assets, trust deed, trust law, trust management, trust property, trustee conduct, trustees Duties of Trustees Unveiled: Insights from the M.F v V.F Case Analysis – M.F v V.F and Others (2003/22202) [2024] ZAGPJHC 318 (2 April 2024). The Facts Mr. M F (the applicant) and Mrs. V F (the first respondent) were married until their divorce on 15 July 2005. The divorce order incorporated a settlement agreement,… READ MORE