17/09/2024 Bertus Preller Accrual Calculation, Actio communi dividundo, Divorce, Marital Regimes accrual system, actio communi dividundo, Antenuptial Contract, bound co-ownership, divorce proceedings, equitable distribution, Judicial Discretion, marital home, Marriage Dissolution, matrimonial property, Property Division, property rights, South African Law, spousal maintenance Bound by Marriage: The Complex Co-ownership Conundrum in P.N v A.E (20081/2023) [2024] ZAWCHC 266 – (16 September 2024). Background: Marriage, Property Acquisition, and Divorce Proceedings In the case of P.N v A.E (20081/2023) ZAWCHC 266 (16 September 2024), we encounter a dispute between married partners over the termination… READ MORE
24/08/2024 Bertus Preller Accrual Calculation, Antenuptial Contracts, Antenuptial Contracts, Commencement Values, Division of Estate, Divorce, Pacta sunt servanda, Prenuptial Afreement accrual claims, accrual system, antenuptial agreements, Antenuptial Contracts, asset valuation, commencement values, conclusive proof, court judgments, divorce litigation, divorce proceedings, Family Law, financial disclosure, financial transparency, forensic accountants, Legal Framework, legal interpretation, Manelis case, matrimonial assets, Matrimonial Property Act, matrimonial property law, Maxted v Maxted, Olivier v Olivier, prima facie proof, property settlements, Section 6, South African Law, spousal maintenance, Thomas v Thomas, TN v NN Accurate Commencement Values in Antenuptial Contracts: Legal Interpretations and Implications Explored in TN v NN and Others 2018 (4) SA 316 (WCC). The Purpose and Role of Commencement Values in Antenuptial Contracts Commencement values play a crucial role in the implementation of the accrual system in South African matrimonial property law. As… READ MORE
20/08/2024 Bertus Preller Accrual Calculation, Adversarial Legal System, Costs, Divorce, Hostile Family Lawyers, Maintenance, Procedure, Rule 43, Separation Applications, Subpoenas, Trusts accrual calculations, asset valuation, complex divorces, Divorce Decree, Family Law, Financial Disputes, High-net-worth divorce, interim relief, Judicial Discretion, legal precedent, matrimonial property, protracted proceedings, Rule 43 rights, separation order, South Africa, spousal maintenance, strike date, Trust assets, trust law, vexatious litigation Unshackling Dead Marriages: TD v LD and Others (32195/2017) [2024] ZAGPJHC 751 (12 August 2024) – Reshapes High-Net-Worth Divorces in South Africa. Background: A Protracted Divorce Battle The case of TD v LD and Others (32195/2017) ZAGPJHC 751 (12 August 2024) highlights the complexities and challenges of high-net-worth divorces in South Africa.… READ MORE
19/06/2024 Bertus Preller Accrual Calculation, Adversarial Legal System, Alimony, Alternative Dispute Resolution, Division of Estate, Divorce, Grey Divorce, In Community of Property, Maintenance, Pension Funds, Reasons for Dicorce, Spousal Maintenance Alternative Dispute Resolution, Antenuptial Contracts, arbitration, Asset Division, Collaborative Divorce, Divorce Act 70 of 1979, Divorce Attorney, divorce settlements, Emotional Challenges, emotional well-being, estate planning, Family Law, Financial Advisors, financial considerations, Grey Divorce, legal guidance, Marital Property Regimes, Mediation, Pension Funds, Retirement Planning, Self-care, South Africa, spousal maintenance, Tax Professionals Navigating the Complexities of Grey Divorce in South Africa: A Comprehensive Guide. Introduction Navigating the complexities of divorce is never an easy task, but for those over the age of 50, the challenges can be particularly daunting. In South Africa, the phenomenon… READ MORE
23/05/2024 Bertus Preller Divorce, Maintenance, Marriage, Pacta sunt servanda, Prenuptial Afreement Antenuptial Contract, certainty, circumvention, Constitutional Court, D H B v C S B, dissenting opinion, Divorce, Divorce Act, donation, enforceability, fairness, freedom of contract, Judicial Discretion, jurisdiction, legal status, maintenance contract, majority judgment, matrimonial regime, Pacta Sunt Servanda, pleadings, prenuptial agreements, procedural fairness, Public Policy, Section 7, spousal maintenance, statutory right, unintended consequences Prenuptial Agreements and Public Policy: The Constitutional Court’s Ruling in D H B v C S B (CCT 293/22) [2024] ZACC 9 (22 May 2024). Background of the Case D H B and C S B concluded an antenuptial contract before their marriage in 2015, declaring their marriage to be out of community of property… READ MORE
26/02/2024 Bertus Preller Alimony, Antenuptial Contracts, Child Maintenance, Children, Costs, Divorce, Interim Maintenance, Maintenance, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance accrual system, Asset Division, best interests of children, child maintenance, Court Decisions, court ruling, Divorce, divorce litigation, Equality of Arms, equitable distribution, Family Court, Family Law, financial disparity, Financial Disputes, interim relief, Legal Costs, legal obligations, legal principles, Legal proceedings, Legal Representation, maintenance determination, marital breakdown, marital standard of living, matrimonial assets, Parental Responsibilities, Rule 43, South Africa, spousal maintenance, Uniform Rules of Court Deciphering Divorce: A Rule 43 Ruling on Maintenance and a Contribution to Legal Costs – M Q v V S (0221062023) 2024 ZAGPJHC 188 (23 February 2024). Introduction to the Application for Maintenance and Legal Contributions In this Rule 43 application the court was presented with an intricate application concerning the financial sustenance and legal cost contributions… READ MORE
19/01/2024 Bertus Preller Alimony, Divorce, Financial Disclosure, Maintenance, Rule 43, Spousal Maintenance adventure hobbies, biokineticist mother, Child Custody, Constitutional Rights, divorce financial equity new case, Divorce Law, engineer father, equitable support, fair legal costs, Family court rulings, family law insights, family law precedent, financial disclosures, financial disparity, gender-neutral support, interim maintenance, K.A.E v W.N.E, legal advocacy, Legal Costs, legal expense allocation, Legal Representation, MAHOMED AJ ruling, matrimonial home, mother living with parents, new case analysis, new Rule 43 judgement, parenting plan, Rule 43, South African Family Law, spousal maintenance, spousal support Redefining Fairness: New Case Analysis on Spousal Support Where Mother Lived with Parents, Rule 43. – K.A.E v W.N.E (58415/2021) [2023] ZAGPJHC 1488 (18 December 2023). Facts of the Case Background and Parties Marriage and Separation: The parties, K.A.E (applicant) and W.N.E (respondent), were married in 2010 and separated in 2017, a year after the birth… 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
03/12/2023 Bertus Preller Alimony, Divorce, Interim Maintenance, Maintenance, Rule 43, Spousal Maintenance attorney divorce, child support, contribution to costs rule 43, divorce proceedings, divorce settlement, equal representation, Family Court, Family Law, financial dependency, financial disparity, Financial Obligations, forensic accountant, gendered maintenance system, interim maintenance, Judicial Discretion, Legal Costs, legal fees contribution, Legal Representation, maintenance claims., marital standard of living, matrimonial litigation, Ozzy Osbourne reference, Rule 43 proceedings, South African divorce, spousal maintenance, urgent applications Legal Drama Meets Rock ‘n’ Roll: PILLAY AJ’s Ruling against Attorney/Respondent in a Rule 43 application with an Ozzy Osbourne Twist – J K v E K (15912/2023) [2023] ZAWCHC 182 (29 November 2023) Background of the Case Marriage and Separation Details: The parties were married on 1 December 2012, with their marriage being out of community of property and incorporating the accrual system.… READ MORE
24/11/2023 Bertus Preller Alimony, Divorce, Interim Maintenance, Maintenance, Rule 43 Adams J order, Alimony adjustment, child support, Court judgment analysis, divorce proceedings, Family court rulings, financial disclosure, financial transparency, Income reassessment, Legal financial examination, Legal financial scrutiny, legal precedent, Maintenance litigation, Maintenance order change, Maintenance reassessment, Material change in circumstances, Nkutha-Nkontwana J, Rule 43 variation, South African Family Law, spousal maintenance Navigating Financial Disclosure: The Turning Tide in Maintenance Variation Cases – Rule 43(6) – B.W.H v S.A.H (22802/2021) [2023] ZAGPJHC 1348 (21 November 2023). Facts of the Case In this intricate legal matter, a husband (the applicant) sought a retrospective variation of a maintenance order previously issued by Adams J under Rule 43 of… READ MORE