12/08/2025 Bertus Preller Divorce, Divorce Act section 9, Forfeiture of Benefits, Forfeiture patrimonial benefits, Gambling addiction, Marital misconduct, Substantial misconduct, Undue benefit test business failure, casino gambling, Child Custody, community of property, divorce act section 9, divorce costs, divorce proceedings, Engelbrecht judgment, estate liquidation, Family Law, financial misconduct, forfeiture patrimonial benefits, gambling addiction, joint estate division, legal precedent, Marital Assets, marital misconduct, marriage breakdown, Matrimonial Property Regime, Parental Rights, property forfeiture, property investment, receiver and liquidator, rental income, spousal contributions, substantial misconduct, undue benefit test, Western Cape High Court, Wijker case Gambling Addiction vs Substantial Misconduct: When Forfeiture Claims Fail in Community of Property Divorces – P.N v D.N (10481/2018) [2025] ZAWCHC 335 (6 August 2025). Factual Matrix: A 20-Year Marriage Marred by Allegations of Compulsive Gambling The matter before Kholong AJ in the Western Cape Division concerned the dissolution of a marriage that had endured… READ MORE
02/12/2024 Bertus Preller Actio communi dividundo, Division of Estate, Divorce, Islamic Law, Muslim Marriages, Procedure actio communi dividundo, bound co-ownership, constitutional equality, equal rights, free co-ownership, High Court Judgment, Islamic divorce, Islamic law, Islamic marriage, joint ownership, joint property, legal precedent, marital home, Marriage Dissolution, marriage property, property co-ownership, property dispute, Property Division, property division Islamic marriage, property rights, property sale, property settlement, Property Valuation, South African Law, South African property law, spousal contributions, spouse rights, Talaaq, Western Cape High Court Islamic Marriage Property Rights: High Court Champions Equal Division in K.A v A.E and Another (15857/24) [2024] ZAWCHC 392 (27 November 2024). Background: From Islamic Marriage to Property Dispute The Western Cape High Court recently grappled with a property division dispute stemming from a dissolved Islamic marriage in K.A v A.E and… READ MORE