30/08/2026 Bertus Preller Abuse of Process, Alimony, Contumacious conduct, Divorce, Litigation misconduct, Procedural Law, Spousal Maintenance, Substantial misconduct, Substantial misconduct, Vexatious litigation change of front, conduct of parties, costs Rule 28(9), divorce amendment, divorce counterclaim, divorce pleadings, facta probantia, family law South Africa, irrelevant matter, J.P v M.P, Jowell v Bramwell-Jones, leave to amend, maintenance claim, matrimonial misconduct, Moolman v Estate Moolman, no-fault divorce, pleading evidence, Rule 18(4), Rule 23, Rule 28, S.T.H v A.T.H, scandalous allegations, Section 7(2) Divorce Act, spousal maintenance, striking out, Vaatz v Law Society, vexatious pleadings, Western Cape High Court, withdrawal of admission Pleading Fault in a No-Fault Divorce: When Do Conduct Allegations Cross the Line? J.P v M.P (13220/2021) [2026] ZAWCHC 410 (12 August 2026). Few interlocutory judgments manage to say something useful about both civil procedure and substantive family law in the same breath. The recent decision of Greig AJ in the Western Cape… READ MORE
17/08/2026 Bertus Preller Alimony, Arrear Maintenance, Child Maintenance, Children, Contempt of Court, Divorce, Maintenance Court, Procedural Law, Rule 43 Contempt, Rule 43 orders, Spousal Maintenance ad factum praestandum, attorney and own client costs, Bannatyne v Bannatyne, committal, contempt of court, Divorce, Divorce Attorney Cape Town, dolus eventualis, emoluments attachment, Fakie v CCII Systems, family law South Africa, Firestone v Genticuro, HG v AG, interim maintenance, M.D.V v F.M.D.V, maintenance enforcement, Maintenance Order, mala fides, medical aid, Pheko v Ekurhuleni, purging contempt, reimbursement of expenses, Rule 43, spousal maintenance, Suspended Sentence, Western Cape High Court, wilfulness, Writ of Execution, ZAWCHC 411 Pay Now, Argue Never: Husband’s Selective Compliance with Rule 43 Maintenance Order Lands Him a Suspended Prison Sentence — M.D.V v F.M.D.V (2025/091265) [2026] ZAWCHC 411 (14 August 2026). The Western Cape Division has once again demonstrated that it will not tolerate maintenance debtors who treat interim maintenance orders as optional, negotiable or subject to their own private assessment… READ MORE
23/07/2026 Bertus Preller Alimony, Best Interests of the Child, Children, Cohabitation, Costs, Divorce, Financial non-disclosure, Interim Maintenance, Maintenance, Non-disclosure consequences, Procedural Law, Rule 43, Rule 43 Applications, Rule 43 Contempt, Rule 43 orders, Spousal Maintenance ability to pay, best interests of the child, child maintenance, Divorce Law, divorce proceedings, earning capacity, family law judgment, financial disclosure, financial non-disclosure, full and frank disclosure, H.L v B.L, inflated expenses, interim maintenance, interim relief, legal costs contribution, maintenance claim, Maintenance Order, maintenance pendente lite, marital standard of living, Minor Children, Njokweni J, Rule 43, Rule 43 Application, South African case law, South African Family Law, spousal maintenance, uberrima fides, Western Cape divorce, Western Cape High Court Candour, Children and the Limits of Interim Maintenance: H.L v B.L (2025/216979) [2026] ZAWCHC 350 (13 July 2026). The factual background and the parties’ competing claims In H.L v B.L (2025/216979) ZAWCHC 350 (13 July 2026), the Western Cape High Court was required to determine an application for… READ MORE
28/05/2026 Bertus Preller Alimony, Clean Break Principle, Divorce, Maintenance, Maintenance termination, Matrimonial Properties Act, Matrimonial Property Act 88 of 1984, Pension Funds, Post-divorce maintenance, Rehabilitative maintenance, Section 7(2) maintenance, Spousal Maintenance accrual system, Antenuptial Contract, clean break principle, conduct of parties, contribution towards costs, CPI escalation, Divorce Act 70 of 1979, divorce South Africa, duration of marriage, earning capacity, employability, Family Law, financial needs and obligations, GEPF, industrial psychologist, Maintenance Order, marital standard of living, matrimonial property, Matrimonial Property Act 88 of 1984, onus to prove need, pendente lite maintenance, pension interest, rehabilitative maintenance, retirement, Section 7(2), section 7(8), spousal maintenance, stay-at-home spouse, termination of maintenance When the Money Must Stop: Rehabilitative Maintenance and the Clean Break in M.I.B (born H[…]) v D.B (2023-079189) [2026] ZAGPPHC 411 (2 May 2026). M.I.B (born H) v D.B (2023-079189) ZAGPPHC 411 (2 May 2026) This judgment of Smit AJ in the Gauteng Division, Pretoria, is a useful working example of how a court… READ MORE
26/04/2026 Bertus Preller Animus contrahendi, qard, Appeal, Divorce, Enrichment, Faskh, Islamic Law, Islamic marriage, Muslim Marriages, Nafaqah, Nikah, Shariah law animus contrahendi, costs order, Dave v Birrell, delictual claim, Divorce Amendment Act 1 of 2024, Family Law, faskh, insurance excess, Islamic marriage, loan versus gift, magistrate's court appeal, Muslim Marriage, nafaqah, nikah, oral agreement, Pillay v Krishna, pleadings, qard, quantum, Shariah law, Shill v Milner, Sonap Petroleum, South African Law, spousal maintenance, tacit agreement, unjustified enrichment, waiver, Western Cape High Court, Women's Legal Centre Trust Loans, Gifts and Nafaqah: How the Western Cape High Court Rewrote the Financial Aftermath of an Islamic Marriage in Y.M v S.P (Appeal) (A146/2025) [2026] ZAWCHC 164 (13 April 2026). The facts: a brief nikah, a premature birth and a R154 118 claim In Y.M v S.P (Appeal) (A146/2025) ZAWCHC 164 (13 April 2026), the Western Cape High Court (Pangarker… READ MORE
12/04/2026 Bertus Preller Child born outside marriage, Child Maintenance, Children, Divorce, In Community of Property, Maintenance Court, Maintenance order enforcement, Rule 43, Rule 43 orders, Spousal Maintenance child born outside marriage, community of property divorce, costs in the divorce, divorce litigation South Africa, divorce proceedings South Africa, EH v SH, extra-marital child maintenance, family law South Africa, Forfeiture of benefits, Gauteng High Court, interim maintenance, interlocutory divorce relief, joint estate, joint property income, maintenance duty stepchild, minor child support, NM v BM, pendente lite maintenance, pendente lite relief, rental income divorce, Reyneke v Reyneke, Rule 43, Rule 43 limitations, South African divorce law, spousal maintenance, step-parent maintenance duty, trial court jurisdiction, Uniform Rules of Court, ZAGPJHC When Love Goes Wrong and the Law Says No: The Limits of Rule 43 and a Husband’s Failed Bid for Maintenance and Rental Income — C.M.N v N.N (2025/177461) [2026] ZAGPJHC 320 (31 March 2026). The Facts: An Unemployed Husband, an Extra-Marital Child, and a Contested Rental Income This is an opposed application brought in terms of Rule 43 of the Uniform Rules of Court… READ MORE
02/04/2026 Bertus Preller Alimony, Children, Costs, Divorce, Financial non-disclosure, Maintenance, Non-disclosure consequences, Punitive costs orders, Rule 43, Rule 43 Applications, Rule 43 Cost Contributions, Rule 43 orders, Spousal Maintenance, Variation Rule 43(6) 2-2-3 contact schedule, care and contact, child maintenance, costs contribution, divorce costs, divorce proceedings, Fairways Business Trust, Family Advocate, family trust, financial non-disclosure, forensic auditor, Genius Academy, interim maintenance, legal costs contribution, material change of circumstances, matrimonial property, medical aid maintenance, minor child, patriarchal misdirection, pende lite maintenance, right of first refusal, Rule 43, Rule 43(6), social worker report, South African Family Law, spousal maintenance, sworn valuator, Thembalethu High Court, VW Touareg When Opacity Meets Obligation: Spousal Maintenance, Financial Non-Disclosure and the Limits of Rule 43 — J.V.D.B v O.V.D.B (234/25) [2026] ZAWCHC 136 (23 March 2026). The Facts and Background to the Rule 43(6) Application The matter of J.V.D.B v O.V.D.B (234/25) ZAWCHC 136 (23 March 2026) came before Thulare J in the High Court of… READ MORE
08/12/2025 Bertus Preller Accrual system, Clean Break Principle, Cohabitation, Costs, Direct financial contributions, Division of Estate, Divorce, Divorce Act 70 of 1979, EB v ER Constitutional Court, Equitable redistribution, Marriage, Marriage equality, matrimonial asset division, Out of community of property, Procedure, Punitive Cost Orders, Redistribution Claim, Rehabilitative maintenance, Section 7(2) maintenance, Section 7(3) Divorce Act, Section 7(4) contributions, Universal Partnership accrual system, antenuptial contract without accrual, Attorney and Client Costs, Beaumont v Beaumont, clean break principle, cohabitation before marriage, direct financial contributions, domestic partnership, EB v ER Constitutional Court, equitable redistribution, estate valuation disputes, family law redistribution, full court binding precedent, household duties, indirect contributions to estate, matrimonial asset division, Matrimonial Property Regime, out of community of property, Ponelat v Schrephfer, post-separation conduct, redistribution claims, rehabilitative maintenance, section 7(2) maintenance, section 7(3) Divorce Act, section 7(4) contributions, South African divorce law, spousal maintenance, trust asset disclosure, universal partnership Beyond Marriage: 30 Years, 40% Redistribution and the Universal Partnership Principle – E.L.M v L.M (9360/2022P) [2025] ZAKZPHC 127 (5 December 2025). Facts and Matrimonial Background: A 30-Year Relationship The parties in this matter were married out of community of property without the accrual system on 27 March 1999, following a six-year… READ MORE
15/08/2025 Bertus Preller Accrual Calculator, Maintenance Calculator, Technology in Law accrual calculator, accrual sharing, accrual system, ai in law, Antenuptial Contract, assets liabilities, automated calculations, child expenses, child support, court reports, cpi inflation, divorce lawyers, divorce proceedings, divorce tools, estate growth, excluded assets, family law attorneys, free web apps, inflation adjustment, legal efficiency, legal professionals, maintenance calculator, Matrimonial Property Act, pdf exports, South African Family Law, south african maintenance law, spousal guidelines, spousal maintenance, technology legal practice Discover Two Free Tools Revolutionising South African Family Law: Maintenance and Accrual Calculators. In the complex world of family law, especially during divorce proceedings, accuracy and efficiency are paramount. For attorneys, divorce lawyers, and legal professionals in South Africa, handling calculations for child… READ MORE
08/08/2025 Bertus Preller Arrear Maintenance, Arrear Maintenance Variation, Arrears, Contempt of Court, Costs, Divorce, Interim Maintenance, International Divorce, Maintenance, Medical incapacity, Procedure, Punitive Cost Orders, Rule 43, Rule 43 Contempt, Rule 43 Cost Contributions, Rule 43 orders, Rule 58, Variation Rule 43(6) attachment of assets, contempt of court, cross-border maintenance, currency considerations, disability pension, divorce proceedings, enforcement mechanisms, foreign curatorship, international family law, Lekhuleni JD, maintenance arrears, maintenance enforcement, maintenance obligations, medical incapacity, party and party costs, Pendente Lite, Rule 43 orders, Rule 43(6) variation, skiing accident, spousal maintenance, stroke defence, Swiss curatorship, Swiss francs, Trust assets, warrants of execution, Western Cape High Court, wilful contempt When Strokes Don’t Stop Support: Medical Incapacity Fails as Maintenance Defence in NLD v ML (Case No 5785/22) [2025] ZAWCHC 337 (6 August 2025). Factual Matrix: When Medical Incapacity Meets Maintenance Obligations The parties in this matter, heard before Lekhuleni J, were married in Switzerland on 23 June 2000, with their marriage remaining subsisting… READ MORE