29/08/2024 Bertus Preller Adversarial Legal System, Appeal, Children, Costs, Divorce, Procedural Law, Rule 43, Rule 58 appealability, civil procedure, divorce proceedings, Family Advocate, Family Law, High Court, interests of justice, interlocutory orders, irreparable harm, judicial economy, magistrates court, Rule 58, Rule 60A, South Africa Family Law Feud: High Court Strikes Down Appeal in M.K v M.K (A2023/123739) [2024] ZAGPJHC 829 – (28 August 2024) Background: A Divorce Case and an Irregular Step Application The case of M.K v M.K (A2023/123739) ZAGPJHC 829 (28 August 2024) revolves around a divorce proceeding and an application made… 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
20/08/2024 Bertus Preller Accrual Calculation, Adversarial Legal System, Costs, Divorce, Hostile Family Lawyers, Maintenance, Procedure, Rule 43, Separation Applications, Subpoenas, Trusts accrual calculations, asset valuation, complex divorces, Divorce Decree, Family Law, Financial Disputes, High-net-worth divorce, interim relief, Judicial Discretion, legal precedent, matrimonial property, protracted proceedings, Rule 43 rights, separation order, South Africa, spousal maintenance, strike date, Trust assets, trust law, vexatious litigation Unshackling Dead Marriages: TD v LD and Others (32195/2017) [2024] ZAGPJHC 751 (12 August 2024) – Reshapes High-Net-Worth Divorces in South Africa. Background: A Protracted Divorce Battle The case of TD v LD and Others (32195/2017) ZAGPJHC 751 (12 August 2024) highlights the complexities and challenges of high-net-worth divorces in South Africa.… READ MORE
11/08/2024 Bertus Preller Abuse, Coercive Control, Cultural Abuse, Digital Abuse, Domestic Violence, Emotional Abuse, Financial Abuse, Harassment, Harrassment, Neglect, Physical Abuse, Psychological Abuse, Sexual Abuse, Spiritual Abuse, Verbal Abuse attrition rates, contextual approach, domestic violence, feminist jurisprudence, gender-based violence, judicial education, legal barriers, legal reform, Protection from Harassment Act, S v P case, South Africa, survivor disclosure, survivor rights, trauma-informed justice Unsilencing Survivors: A Feminist Lens on Domestic Violence Cases in South Africa – Insights from S v P 2022 2 SACR 81 (WCC). Introduction: The Scourge of Domestic Violence in South Africa Domestic violence remains a pervasive and deeply troubling issue in South African society, as highlighted by Sheena Swemmer in her insightful… READ MORE
05/08/2024 Bertus Preller Abuse, Adultery, Adversarial Legal System, Alternative Dispute Resolution, Children, Costs, Divorce, Domestic Violence, Forfeiture of Benefits, Infidelity, Pension Funds, Reasons for Dicorce court discretion, Divorce, Divorce Act, evidence, financial transparency, forfeiture, Gauteng High Court, joint estate, Judge Wanless, legal precedent, litigation, marriage, matrimonial property, pension interest, pleadings, Property Division, South Africa, spousal contribution, substantial misconduct Forfeiture of Benefits in Divorce: Lessons from T.N v S.N (14166/2019) [2024] ZAGPJHC 703 (24 July 2024). Background of the T.N v S.N Divorce Case The case of T.N v S.N (14166/2019) ZAGPJHC 703 (22 July 2024) involves a divorce action heard in the Gauteng High Court,… READ MORE
29/07/2024 Bertus Preller Best Interests of the Child, Children, Infidelity, Maintenance, Parental Rights, Paternity Fraud biological father, Botha v Dreyer, Child's Best Interests, children's act, comparative law, DNA testing, Family Law, genetic testing, inheritance rights, legal presumptions, Legal Reforms, maintenance obligations, misattributed paternity, Nel v Jonker, Parental Rights, paternity disputes, paternity law, putative father, South Africa Navigating the Complexities of Paternity Law in South Africa: From DNA Testing to Misattributed Paternity. Introduction to Paternity Law in South Africa Paternity law in South Africa is a multifaceted domain that intersects with various legal, social, and ethical issues. The determination of paternity is… 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
20/07/2024 Bertus Preller Child Maintenance, Divorce, Marital Regimes, Pension Funds accrual system, Arrear Maintenance, Asset Division, Case Law, community of property, Court Rulings, Divorce Act 70 of 1979, divorce settlements, Family Law, financial landscape, fund depletion, future maintenance, housing loans, legal complexities, Legal precedents, maintenance obligations, maintenance orders, marital dissolution, marital property law, Matrimonial Property Act 88 of 1984, Pension Funds, Pension Funds Amendment Bill 2024, pension interests, retirement benefits, retirement savings, South Africa, South African Law, Two-Pot retirement system The Two-Pot Retirement System and Maintenance: Revolutionising Divorce Settlements in South Africa under the Pension Funds Amendment Bill 2024. Introduction South Africa's financial landscape is on the brink of a significant transformation with the imminent implementation of the Two-Pot retirement system on 1 September 2024. This innovative approach to… READ MORE
14/07/2024 Bertus Preller Artificial fertilisation, Best Interests of the Child, Children, Parental Rights, Same Sex Couples, Surrogacy, Surrogacy Laws South Africa altruistic surrogacy, artificial fertilization, best interests of the child, breach of agreement, case-by-case approach, children's act, commercial surrogacy, commissioning parents, court confirmation, domicile requirement, Ex parte Three Surrogacy Applications, Family Law, genetic link, High Court, legal parentage, Legal Recourse, Legal Requirements, psychological evaluation, same-sex couples, South Africa, surrogacy, surrogacy advertising, surrogacy agreement, surrogacy ethics, Surrogacy Laws South Africa, surrogate compensation, surrogate mother, termination rights Navigating the Legal Landscape of Surrogacy in South Africa: Current Law and Recent Developments. Introduction In navigating the complex terrain of starting a family, many South Africans are turning to surrogacy as a viable option. The Surrogacy Law in South Africa plays a pivotal… 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