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
30/07/2025 Bertus Preller Divorce, Divorce summons South Africa, Irregular proceedings, Mediation, Procedural Law, Rule 30(2)(b) application, Rule 41A mediation notice Alternative Dispute Resolution, court rules, curable defect, Divorce Law, divorce litigation, divorce proceedings, Divorce process, divorce summons South Africa, divorce summons validity, Family Court, family disputes, Growthpoint case, irregular proceedings, legal remedies, Legal Technicalities, litigation procedure, mediation consideration, mediation notice omission, mediation notice requirements, non-compliance Rule 41A, Procedural Compliance, procedural defects, procedural irregularity, Rule 30 application, Rule 30(2)(b) application, Rule 41A mediation notice, South African courts, South African Family Law, Uniform Rules of Court Rule 41A Mediation Notices in Divorce: Why Missing Notices Don’t Kill Your Case. Introduction Rule 41A of the Uniform Rules of Court, introduced in 2020, mandates that litigants consider mediation at the inception of litigation. In divorce actions, this means a plaintiff must… READ MORE
20/07/2025 Bertus Preller Caveat Subscriptor, Contractual repudiation, Divorce, Pacta sunt servanda, Procedural Law, Recission of Divorce Orders, Settlement agreement finality, Settlement agreements, Validity Divorce Settlement Agreement Auckland Park case, caveat subscriptor, child maintenance, contractual interpretation, contractual repudiation, Divorce Act 70 of 1979, Divorce Decree, divorce litigation, divorce proceedings, divorce settlement agreement, family law practice, George v Fairmead, High Court Gauteng, Legal Representation, maintenance agreements, matrimonial property, Natal Joint Municipal Pension Fund, Pacta Sunt Servanda, Parental Rights, post-signature regret, property forfeiture, settlement agreement validity, settlement negotiations, South African Family Law, spousal maintenance, undue influence, Van der Schyff J, vitiating factors, witness attestation Caveat Subscriptor Strikes Again: When Post-Signature Regret Meets Divorce Reality in O.M.L v S.S.L (10528/2022) [2025] ZAGPPHC 712 (16 July 2025). The Factual Matrix: When Signatures Tell a Different Story The factual backdrop of this matter presents a curious tale of matrimonial dissolution that would make any family law practitioner pause.… READ MORE
03/07/2025 Bertus Preller Bigamy, Constitutional Court customary law, Customary Law, Customary marriage dissolution, Customary marriage requirements, Customary Marriages, First wife consent, Mayelane precedent, Polygamous marriage, Recognition of Customary Marriages Act, Recognition of Customary Marriages Act, Section 8 RCMA bigamy, civil marriage, competing marriage claims, Constitutional Court, Constitutional Rights, customary law, customary marriage, customary marriage requirements, Deputy Judge President Ratshibvumo, Divorce Decree, equality rights, estate disputes, first wife consent, human dignity, irretrievable breakdown, lobola, marriage registration, marriage validity, matrimonial property, Mayelane precedent, Mpumalanga High Court, polygamous marriage, Recognition of Customary Marriages Act, South African Family Law, subsequent marriages, traditional marriage, widow status First Wife Consent Strikes Again: Constitutional Court’s Mayelane Precedent Upheld in N.R.M v F.N and Others (943/2023) [2025] ZAMPMBHC 53 (17 June 2025). The Factual Matrix: A Tale of Two Marriages and Competing Claims The factual backdrop to this matter presents a complex web of relationships that culminated in competing claims to marital… READ MORE
02/07/2025 Bertus Preller Appeal, Divorce, Procedural Law, Procedure, Rule 42 variation application accrual system, appellate procedures, collateral attack judgments, common mistake divorce, costs follow the cause, divorce decree variation, ex tempore judgment, final judgment finality, fraudulent misrepresentation, High Court North West Division, joint estate division, judicial officers function, legal certainty principles, legal representation errors, litigation finality, marriage out of community of property, matrimonial disputes, Matrimonial Property Act 88 of 1984, Matrimonial Property Regime, pleadings integrity, pre-nuptial contract, procedural missteps, property division claims, Rule 42 variation application, South African Family Law, Uniform Rules of Court, Zweni case finality When Variation Applications Fail: The Limits of Rule 42 Common Mistake in K.P.M v O.L.M and Another (Reasons) (1751/2008) [2025] ZANWHC 103 (17 June 2025). The Genesis of the Dispute: A Marriage Out of Community of Property Revisited The roots of this protracted legal dispute stretch back to 7 February 1991, when the applicant and… READ MORE
29/06/2025 Bertus Preller Family Law Cases May - June 2025 actio communi dividundo, birth registration, Child Custody, Child Relocation, Children’s Court jurisdiction, Co-ownership, customary adoption, customary marriage, divorce rescission, DNA testing, estate administration, family law 2025, familylaws.co.za, financial disclosure, international contempt, June 2025 family law, maintenance enforcement, Matrimonial Property Act, May 2025 SA cases, parental alienation, Plascon‑Evans, preservation order, procedural fairness, property sale order, relocation, Rule 35 discovery, Rule 43, settlement agreement interpretation, shared parental responsibility, South African Family Law, widow maintenance Shaping the Landscape of Family Law: May–June 2025 South African Case Law Roundup. Shaping the Landscape of Family Law: May–June 2025 Roundup The months of May and June 2025 featured several high-impact judgments that will influence future family-law disputes—especially on jurisdiction, customary marriage, property rights… READ MORE
29/06/2025 Bertus Preller Costs, Customary Law, Customary Marriages, Motion Proceedings, Plascon Evans Rule, Punitive Cost Orders, Recognition of Customary Marriages Act affidavit conflict, ancestral law, Black Administration Act, civil marriage, customary marriage, customary rites, Deane AJ, estate administration, executor appointment, family law litigation, Germiston, High Court Free State, inheritance law, KwaZulu Natal, legal burden of proof, legal recognition, lobolo, Marital Disputes, marital status dispute, marriage registration, Master of the High Court, matrimonial property, Moloi v Nkosi, motion proceedings, Plascon-Evans rule, QwaQwa, RCMA 120 of 1998, South African Family Law, Zulu marriage customs Moloi v Nkosi and Others (1713/2025) [2025] ZAFSHC 153 (15 May 2025): Customary Marriage Claims Undone by Motion Proceedings and the Plascon-Evans Rule. The Factual Matrix: Competing Marital Claims and the Legacy of Customary Law At the heart of Moloi v Nkosi and Others (1713/2025) ZAFSHC 153 (15 May 2025) lies a bitter… READ MORE
29/06/2025 Bertus Preller Cohabitation, Customary Marriages, Inheritance rights, Interdict, Intestate Succession, Procedure, South African succession law Administration of Estates Act, African customary law, attorney and client scale, cohabitation, customary law marriage, customary marriage, estate administration, estate dispute, estate litigation, estate preservation, executor appointment, High Court Pretoria, inheritance dispute, interim interdict, intestate succession, joint estate, Legal Costs, legal remedy, lobola, matrimonial property, patrimonial rights, Peteke v Khumalo, recognition of marriage, Rule 6(12), section 13, South African Family Law, testamentary rights, Urgent Application, urgent interdict, ZAGPPHC 447 Customary Marriage Dispute Halts Estate Administration: Peteke v Khumalo and Others (2025-009348) [2025] ZAGPPHC 447 (6 May 2025). The Factual Matrix: Disputed Customary Marriage and Control Over the Deceased’s Estate In Peteke v Khumalo and Others (2025-009348) ZAGPPHC 447 (6 May 2025), the applicant approached the High Court… READ MORE
29/06/2025 Bertus Preller Customary adoption, Inheritance rights, Intestate Succession, Master of the High Court, South African succession law 2009 succession law, adoption formalities, cultural legal norms, customary adoption, customary law adoption, customary legal obligations, Eastern Cape High Court, family inheritance law, indigenous legal systems, inheritance disputes, inheritance rights, intestate estate disputes, intestate heirs, intestate succession, legal definition of descendant, legal descendants, Maneli case, Master of the High Court, Maswanganyi case, Plascon-Evans rule, Reform of Customary Law Act, South African Family Law, South African succession law, succession and customary law, Tshali v Nandi, Ubuntu and law, Ubuntu in law, Xhosa customary law, ZAECMHC 39 When Ubuntu Is Not Enough: Customary Adoption and Succession Rights Examined in Tshali and Another v Nandi and Others (5307/2022) [2025] ZAECMHC 39 (20 May 2025). The Factual Matrix: Customary Bonds, Competing Heirs and a Contested Legacy The dispute in Tshali and Another v Nandi and Others (5307/2022) ZAECMHC 39 arose from a heartfelt claim by… READ MORE
29/06/2025 Bertus Preller Divorce, Procedural Law, Recission of Divorce Orders, Urgency costs in urgent divorce application, curator ad litem, divorce settlement dispute, E.E v T.C.E, East Rock Trading case, Family Advocate investigation, family advocate report, family law procedure, fraud in divorce proceedings, Gauteng Division Pretoria, Lindeque v Hirsch case, minor children divorce court, non-disclosure in divorce, non-joinder, Pretoria High Court, procedural fairness, rescinding divorce agreement, rescission of divorce order, rescission under common law, SARS v Hawker Air Services, South African Family Law, Uniform Rules of Court, urgency in divorce, urgent child residency change, urgent divorce application, urgent High Court application, urgent motion divorce, urgent rescission case, ZAGPPHC 492 Urgency Dismissed: Lessons from E.E v T.C.E (113234/23) [2025] ZAGPPHC 492 (16 May 2025) on Rescission, Disclosure and Children’s Rights in Divorce Proceedings. The Factual Matrix: A Mother’s Urgent Attempt to Set Aside a Divorce Settlement Agreement This case arose from an urgent application brought by the applicant, E.E, who sought to have… READ MORE