23/11/2023 Bertus Preller Arrears Asset Concealment, Asset Discovery, Cheetah Banknotes, Court Proceedings, divorce case, divorce proceedings, Family Law, Financial Disputes, financial investigation, interim maintenance, legal battle, Legal Complexity, Legal Drama Rule 43, Legal Strategy, Mandela Coins, Marital Assets, Marital Disputes, Personal Belongings, South African Law, staying subpoena, Subpoena Uncovering Hidden Treasures in Divorce Disputes: The Tale of Mandela Coins and Mysterious Cheetah-Adorned Banknotes. Staying a Rule 43 Application. Wille J Background and Nature of the Case The case involved an application for a temporary stay of proceedings while an application to set aside a subpoena by a third… READ MORE
23/11/2023 Bertus Preller Accrual Calculation, anti-dissipatory relief, Divorce, Marital Regimes, Settlement agreements Accrual Calculation, Antenuptial Contract, Asset Disclosure, Asset Division, Court Rulings, Divorce Law, divorce proceedings, divorce settlements, Estate Valuation, Financial Outcomes, Financial Settlements, legal implications, Legal Insights, Liability Consideration, Marital Assets., Marriage Dissolution, matrimonial property, Matrimonial Property Act, Property Valuation, South African Law Timing is Everything: The Crucial Role of Accrual Calculation Date in Divorce Cases. R.D.M v M.T.M (M608/22) [2023] ZANWHC 216 (21 November 2023). The facts of the case, as presented in the judgment, revolve around an application for the provisional sequestration of the respondent's estate, following the dissolution of a marriage under South… READ MORE
15/11/2023 Bertus Preller Alimony, Children, Costs, Divorce, Interim Maintenance, Maintenance, Parental Rights, Rule 43, Spousal Maintenance best interests principle, Child Custody, Children's Welfare, Court Orders, divorce litigation, divorce proceedings, equitable treatment, Family Law, financial disclosure, financial imbalances., financial transparency, interim relief, legal costs contribution, maintenance pendente lite, matrimonial property, new family law case, Parental Responsibilities, Rule 43 applications, South African Law, spousal support, temporary orders Avoiding Pitfalls: Key Lessons from a Rule 43 Divorce Showdown. SN v SR (2023/036122) [2023] ZAGPJHC 1335 (14 November 2023) Introduction and Background Marriage and Separation: The applicant and the respondent had been married since 25 August 2007, out of community of property with accrual. They had two minor children.… READ MORE
14/11/2023 Bertus Preller Alienation, Children, Contempt of Court, Divorce, Parental Rights Child Custody, Compliance with Orders, contempt of court, Contempt Proceedings, Court Jurisdiction, Court Orders, Courtroom Insights, Deed of Settlement, Divorce Decree, Family Advocate, Family Law, Family Legal Issues, judicial authority, Jurisdiction Issues, Legal Analysis, Legal Standards, Parental Rights, Parenting Disputes, Recent Case, South African Law Demystifying Contempt of Court in Family Law: Lessons from a Recent Case. P L v R L (2022/016375) ZAGPJHC 1331 (10 November 2023) Introduction to the Case In a recent application, the court examined an opposed application divided into three parts, with… READ MORE
10/11/2023 Bertus Preller Alimony, anti-dissipatory relief, Divorce, Financial Disclosure, Maintenance, Rule 43 asset dissipation, attorney and client scale, Constitutional Rights, court discretion, divorce litigation, equitable access, financial analysis, financial disclosure, financial hardship, gender disparities, legal costs contribution, maintenance payments, matrimonial cases, matrimonial property, prolixity in legal documents, Rule 43, South African Law, Uniform Rules of Court, urgent applications Rule 43 in Action: Deciphering Court Orders on Contribution to Costs and Attorney-Client Scale Cost Orders in Divorce Cases. L.S.P. v R.S.P (2014/2941) ZAGPJHC 1281 (9 November 2023) Summary of the Case Introduction and Background Rule 43 Application: The plaintiff (Applicant) had filed a Rule 43 application in an… READ MORE
20/10/2023 Bertus Preller Costs Attorney Certification, Bill of Costs, Costs Consultant, Court Review, Fee Sharing, Legal Fees, Legal Practice Act, Legal Practitioner, Legal Profession, Legal Taxation, Professional Responsibility, Regulatory Control, South African Law, Statutory Body, Taxing Master Navigating the Legal Maze: The Court Sets Boundaries for the Role of Bill of Costs Consultants in Taxations. J.J.V.R v Taxing Master, High Court of South Africa (Western Cape Division) and Others (15120/2022) ZAWCHC 261 (20 October 2023) Bench: P.A.L. Gamble, D.M. Thulare, JJ & R. Wathen-Falken, AJ… READ MORE
16/10/2023 Bertus Preller Abuse, Harassment, Harrassment case judgement, constitutional implications, court case analysis, expert insights, gender rights, gender-based violence, harassment definition, legal interpretation, legal redress, magistrate's verdict, PHA, Protection from Harassment Act, rape allegations, South African Law, victim's rights Navigating the Nuances: A Dive into SA’s Protection from Harassment Act – Whether reporting rape allegations can amount to “harassment”. L.W v K.C.A (A2023-013223) ZAGPJHC 1154 (13 October 2023) Background: The appellant and respondent were in a consensual romantic relationship for a few months in 2018. Two specific incidents form… READ MORE
22/09/2023 Bertus Preller Alimony, Divorce, Interim Maintenance, Maintenance, Muslim Marriages, Rule 43, Spousal Maintenance Bertus Preller, Constitutional Court, constitutional invalidity, Divorce Act, Divorce Attorney Cape Town, Divorce Attorney South Africa, Gender Equality, legal precedent, maintenance, matrimonial property, Muslim Marriage, Pendente Lite, Rule 43, Sharia Law, South African Law, spousal support, Talaaq, Women's Legal Centre Trust Rule 43 Unveiled: How One Muslim Marriage Case Redefines Interim Spousal Support and Shakes Constitutional Ground. R.B v S.A.E.R (2023/014603) ZAGPJHC 1041 (18 September 2023) Introduction In a Rule 43 of the Uniform Rules for interim maintenance, the High Court in Johannesburg delved into the complexities… READ MORE
22/09/2023 Bertus Preller Abuse, Alimony, Children, Divorce, Financial Disclosure, Forfeiture of Benefits, Maintenance, Marriage, Parental Rights, Pension Funds, Settlement agreements, Spousal Maintenance Asset Division, Bertus Preller, Children's Welfare, court order, Divorce, Divorce Attorney Cape Town, Divorce News, Family Law, Legal Costs, maintenance, Marriage Dissolution, Parental Responsibilities, Pension Forfeiture, Property Valuation, Questionable Conduct, Settlement, South African Law, spousal support When Love Goes Sour and Assets Get Tangled: How One Husband’s Questionable Conduct, Refusal to Settle, and Legal Maneuvering Shaped a Divorce Ruling. N.S v M.F.S (20/27078) ZAGPJHC 1044 (19 September 2023) Litigation History The Defendant represented himself, while the Plaintiff had legal representation. The Defendant filed 12 applications against the Plaintiff, most… READ MORE
27/08/2023 Bertus Preller Alimony, Arrears, Divorce, Financial Disclosure, Maintenance, Marriage, Pension Funds, Spousal Maintenance, Trusts Annuities Tax Implications, Appeals Court, Asset Base, Bertus Preller, Burden of Proof, Case Law, Cost of Appeal, Divorce Attorney Cape Town, Divorce News, divorce settlement, Economic Uncertainty, Elderly Parties, Family Law, Financial Circumstances, Judgment Reversal, legal precedent, Legal Thresholds, maintenance, Maintenance Order, Pacta Sunt Servanda, South African Law, Trustee, Variation Application CHANGING FORTUNES, UNCHANGED OBLIGATIONS: HOW A COURT ON APPEAL WEIGHED FINANCIAL CIRCUMSTANCES IN VARIATION OF A MAINTENANCE ORDER L.J v P.H.A.J (HCA35/2022) ZALMPPHC 49 (18 July 2023) INTRODUCTION This case was an appeal to the High Court Limpopo Division against the rulings made by an Acting Magistrate, who… READ MORE