25/02/2025 Bertus Preller Customary Law, Customary Marriages, Divorce, Islamic Law, Maintenance, Muslim Marriages, Rule 43, Rule 58, Spousal Maintenance AM v RM case, constitutional family law, custody disputes, Divorce Amendment Act 1 of 2024, divorce case law, divorce legislation, divorce maintenance, divorce proceedings, Essop v Haffejee case, interim relief, Islamic divorce, Islamic law in South Africa, judicial oversight, Legal Jurisdiction, legal precedent, Legal Protections, matrimonial disputes, matrimonial law, Muslim Marriage, Muslim spouses, Muslim women rights, religious divorce, Rule 43, SJ v SE case, South African divorce law, South African Family Law, South African High Court, spousal maintenance, Talaaq, Zaphiriou case South African Court Rules on Talaaq and Rule 43 Interim Relief in Divorce – H.A v N.A (144907/2024) [2025] ZAGPPHC 121 (13 February 2025). Introduction: A Landmark Case on Muslim Marriages and Rule 43 The case of H.A v N.A (144907/2024) ZAGPPHC 121 (13 February 2025) addresses a significant legal question concerning the application… READ MORE
14/02/2025 Bertus Preller Abduction, Children, Habitual Residence, Hague Convention on the Civil Aspects of International Child Abduction, Holiday Travel, International Travel, Views of the Child Article 12 Hague Convention, Article 13(b), best interests of the child, Central Authority of South Africa, child abduction defences, child abduction South Africa, child custody disputes, child protection laws, child return order, curator ad litem, family court judgments, habitual residence, Hague Convention, Hague Convention case law, Hague Convention rulings, Hague Convention South Africa, High Court Johannesburg, international child custody, international custody battles, international family law, international parental disputes, Legal Analysis, legal precedent South Africa, Parental Abduction, parental consent disputes, psychological harm defence, South African child law, South African High Court, wrongful removal Hague Convention Defences Prevail: Court Refuses Child’s Return in Central Authority of South Africa and Another v C.M (2023/077002) [2025] ZAGPJHC 99 (10 February 2025). The Hague Convention and International Child Abduction: A Legal Framework International child abduction cases are among the most complex disputes that courts must resolve, requiring a delicate balance between protecting… READ MORE
31/01/2024 Bertus Preller Child Maintenance, Children, Review Court of public opinion, Default order dispute, Fair hearing principles, high court rulings, Judge APS Nxumalo, judicial decision-making, Jurisdictional analysis, Legal argument analysis, Legal blog content, legal case study, legal interpretation, Legal precedent analysis, Legal procedural fairness, Legal remedy exclusivity, Legal review, Legal rights in divorce, Locus standi in law, Maintenance Act 1998, Maintenance court procedures, Maintenance order challenge, Procedural irregularities, Section 18 Maintenance Act, South African Family Law, South African High Court, South African legal analysis, South African Maritime Safety Authority v McKenzie, Statutory obligation interpretation, Statutory remedies, Thomas v Balepile Unraveling Justice: The Thomas v Balepile Case and South Africa’s Maintenance Law Maze. – Thomas v Balepile (61/2021; CA&R 68/23) [2024] ZANCHC 4 (26 January 2024). Introduction In a recent and significant decision, Thomas v Balepile (61/2021; CA&R 68/23) ZANCHC 4, delivered on 26 January 2024, the High Court of South Africa, Northern Cape Division, under… READ MORE
31/01/2024 Bertus Preller Children, Divorce, Parental Rights, Schooling, Views of the Child acrimonious divorce, best interests of the child, Child Custody, child custody case, child-focused litigation, child's best interest, child's schooling, Children's Welfare, Children’s Act 38 of 2005, co-parenting, conciliation in family law, Court Proceedings, Divorce, educational stability, expert reports, Family Law, judicial decision, legal dispute, legal principles, motion proceedings, parental consent, Parental Rights, psychological well-being, Redhill School, School Enrollment, South African Constitution, South African High Court, St Stithians College, upper guardian Deciphering the Best Interests: A Legal Analysis of a Child’s Schooling in Divorce – U.R v S.B and Others (2024-001357) [2024] ZAGPJHC 55 (25 January 2024) Introduction: Urgent School Enrollment Dispute In this urgent legal matter brought before the court on 11 January 2024, the core issue revolved around the schooling of a minor child amidst… READ MORE
21/11/2023 Bertus Preller Adversarial Legal System, Alimony, Costs, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43, Spousal Maintenance Affidavit Analysis, Attorney Conduct, child maintenance, Condonation, Constitutional Challenges, Court Rulings, divorce proceedings, Family Law, financial disclosure, interim relief, Legal Ethics, Legal precedents, Legal Procedure, Litigation Tactics, maintenance pendente lite, Procedural Compliance, Prolixity in Affidavits, Rule 30 Challenge, Rule 43 Application, South African High Court Navigating the Complex Waters of Financial Disclosure in Rule 43 Applications and Legal Ethics: A Closer Look at a Landmark Ruling and the Conduct of the Respondent’s Attorney. I P v N P ; In re: N P v I P (16768/2023) ZAWCHC 170 (20 November 2023) Analysis of Rule 30 and Rule 43 Applications Overview of the… READ MORE
14/11/2023 Bertus Preller Children, Divorce, Guardianship, Parental Rights, Views of the Child 2023, alcohol influence, best interests of children, C D v M D, child custody dispute, child's preference in custody, children's voices in custody, divorce proceedings, emotional welfare of children, family advocate involvement, Family Law, forensic investigation in custody, judicial interviews, legal aid in family law, legal representation for children, parental influence on children., Parental Responsibilities, primary care assessment, South African High Court, ZAGPPHC 1231 Listening to the Unheard: How a South African Court Prioritised Children’s Voices in a Landmark Care and Contact Decision. C D v M D (093505/2023) ZAGPPHC 1231 (7 November 2023) A. Introduction Unnecessary Litigation in Family Disputes In this case, the court highlighted the issue of unnecessary litigation in… READ MORE
03/11/2023 Bertus Preller Alimony, Arrears, Costs, Divorce, Maintenance, Spousal Maintenance Arrear Maintenance, Arrear maintenance enforcement, Dispute of Fact, Enforcement, Execution against pension, Family Law, High Court maintenance ruling, Interest Calculation, Legal claim on retirement assets, legal precedent, magistrates court, Maintenance Act, Maintenance beneficiary rights, Non-Variation Clause, Pension as maintenance security, Pension fund execution, Pension Funds, Retirement fund attachment, Section 27, settlement agreement, South Africa maintenance law, South African High Court, Writ of Execution Securing Maintenance Dues: High Court Asserts Authority to Attach Retirement Funds for Arrear Payments in South Africa. I.K.L v S.E.L and Others (11212 / 2013) ZAGPJHC 1235 (26 October 2023) Summary of the Case Facts of the Case The crux of the case revolves around the enforcement… READ MORE
26/10/2023 Bertus Preller Children, Parental Rights, Views of the Child best interests of the child, children's act, contested guardianship, emotional needs, expert investigation, familial bonds, familial relationships, family dynamics, guardianship, independent expert, intellectual needs, interim contact, judicial investigation, legal precedent, psychological assessment, Section 23, Section 24, Section 7, South African High Court, upper guardian The Balancing Act: When Uncles Step In. A Child’s Best Interests, and How a South African Court Navigated Familial Bonds. D.T and Another v M.A.M.F (2023/032929) ZAGPJHC 1204 (24 October 2023) Background and Points in Limine The case revolved around the first and second applicants, who were the uncles of… READ MORE