18/01/2024 Bertus Preller Cohabitation, Common Law Marriage in South Africa, Common Law Wife, Life Partnerships, Living Together, Universal Partnership Asset Division, cohabitation, Cohabiting Couples, Contemporary Society, Evolving Norms, Family Law, Historical Origins, Landmark Cases, legal challenges, Legal Framework, Legal Protections, legal recognition, Marriage Alternatives, Modern Relationships, non-marital relationships, Partnership Criteria, Partnership Dissolution, relationship dynamics, Relationship Rights, Roman Law, Roman-Dutch Law, South African Law, Support Obligations, Universal Partnerships UNLOCKING THE LEGAL MYSTERIES OF UNIVERSAL PARTNERSHIPS: NAVIGATING SOUTH AFRICA’S MODERN RELATIONSHIP LANDSCAPE. OVERVIEW OF LEGAL RECOGNITION OF UNIVERSAL PARTNERSHIPS Definition and Essence Universal partnerships, in legal terms, refer to a form of partnership where individuals share their lives and resources in a… READ MORE
12/01/2024 Bertus Preller Costs, Divorce, Interim Maintenance, Maintenance, Rule 43, Rule 43 Cost Contributions A.F v M.F, Case Law, constitutional principles, contribution quantum, divorce litigation, Equality of Arms, EVG v AJJV, fairness in divorce, Family Law, financial disparity, gender dynamics, interim maintenance, J.K v E.S.K, Judicial Discretion, L.B v D.F.B, Legal Costs, legal expenses, Legal Representation, matrimonial disputes, matrimonial support, past legal costs, Rule 43, South African Law, technological advancements Understanding Rule 43: The Framework for Legal Cost Contributions in Divorce Litigation. INTRODUCTION In the realm of matrimonial law, Rule 43 of the Uniform Rules of Court stands as a pivotal mechanism, designed to address the financial imbalances that often arise during… READ MORE
10/01/2024 Bertus Preller Divorce, Separation Applications Asset Division, court decision, divorce case study, divorce ruling, fair judgement, Family Law, financial disclosure in divorce, High Court ruling, Judge Thulare, Legal Analysis, legal precedent, Legal proceedings, legal strategy in divorce, matrimonial dispute, matrimonial law, matrimonial relief, Rule 33(4), Rule 43, separation application, South African Law, spousal maintenance, Uniform Rules of Court, urgent divorce application Judge Thulare’s Insightful Ruling on a Separation Application and Fairness in M.V v E.V (nee VS) [2023] ZAWCHC 330 – Divorce Case. – (14 December 2023). BACKGROUND Marriage and Family: The parties, M.V (applicant) and E.V (respondent), were married on 21 October 1995 under an antenuptial contract excluding the accrual system. They had two children, with… READ MORE
20/12/2023 Bertus Preller Antenuptial Contracts, Customary Law, Divorce ante-nuptial contract, civil law, community of property, consent in marriage, court judgment, customary law., customary marriage, Divorce Law, Family Law, High Court ruling, Legal Analysis, legal challenges, legal dispute, legal implications, legal precedent, marital regime, marriage registration, Mashisane v Mhlauli, matrimonial consent, matrimonial property, property rights, RCMA, South African Law, Supreme Court appeal, traditional customs Deciphering Customary vs Civil Marriage in South African Law: An In-Depth Look at Mashisane v Mhlauli (903/2022) [2023] ZASCA 176 (14 December 2023). Court Composition and Hearing The case of Mashisane v Mhlauli was heard by the Supreme Court of Appeal on 8 November 2023, presided over by Justices Mbatha, Mothle, Hughes, Weiner,… READ MORE
18/12/2023 Bertus Preller Life Partnerships, Living Together, Universal Partnership Asset Division, Business Partnerships, Cohabitation Agreements, cohabitation rights, Common-Law Relationships, Contractual Relationships, Joint Ventures, legal obligations, Legal Protection, Legal Rights, Non-Marital Partnerships, Partnership Dissolution, Personal Rights, Prescription Law, Prescription Period, Property Division, South African Law, Universal Partnerships, unmarried couples Dividing the Fruits of A Universal Partnership – The Prescription Dilemma in Khan v Shaik (641/2019) [2020] ZASCA 108. Introduction In the Supreme Court of Appeal case of Khan v Shaik (641/2019) ZASCA 108, the South African courts grappled with a nuanced and complex question: Can a claim for… READ MORE
18/12/2023 Bertus Preller Life Partnerships, Universal Partnership cohabitation rights, estate disputes, estate management, estate rights, Family Law, inheritance law, joint asset ownership, landmark judgment, legal case analysis, legal precedent, legal recognition, LL v CH N.O., non-marital relationships, partnership outside marriage, property sharing, relationship law, South Africa High Court, South African Law, universal partnership Unveiling the Invisible Ties: How a Landmark Case Redefined Universal Partnerships in South Africa. – L.L v C.H NO and Others (A018010/2023) [2023] ZAGPJHC 1440 (12 December 2023). Introduction In the case involving LL (Appellant) and CH N.O. (First Respondent) among others, the central issue revolved around the existence of a universal partnership between LL and the late… READ MORE
01/12/2023 Bertus Preller Children, Divorce Court Applications, Court Decisions, Divorce Cases, Divorce Law, divorce litigation, divorce proceedings, Divorce Trials, Expedient Resolution, Fair Legal Process, Family Court, Judicial Discretion, Legal Issues, Legal proceedings, Legal Separation, Legal Separation Process, matrimonial law, Rule 33(4), Separation Applications, South African Law, Uniform Rules of Court Understanding Separation Applications in Divorce Proceedings: Navigating Rule 33(4) of the Uniform Rules of Court – M.D.A.P.G.S v L.M.D.S (2021/47489) [2023] ZAGPJHC 1373 (24 November 2023). In a recent judgment, the court addressed an interlocutory application concerning a divorce case in South Africa. The application, based on rule 33(4) of the Uniform Rules of Court, sought… READ MORE
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. – J.P.R.D v L.S.D (20916/2018) [2023] ZAWCHC 296 (23 November 2023) 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