16/03/2026 Bertus Preller Alimony, Appeal, Arrear Maintenace, Arrear Maintenance, Arrear maintenance claims, Best Interests of the Child, Child Maintenance, Children, Divorce, Duty to maintain, Interim Maintenance, Interlocutory applications, Irregular proceedings, Leave to appeal Superior Courts Act, Maintenance, Maintenance Court, Parental Rights, Pendente Lite, Procedural Law, Punitive costs orders, Rule 43, Rule 43 Appeal, Rule 43 Applications, Rule 43 orders, Rule 58, Spousal Maintenance, Stepparents, Variation Rule 43(6) accrual system, appealability, blended families, common law development, Divorce, divorce proceedings, duty of support, Family Law, Govindjee AJA, interests of justice, interim maintenance, interim relief, jurisdictional threshold, maintenance pendente lite, non-appealability, out of community of property, piecemeal appeals, Rule 43, Rule 43(6), SCA, section 16(3), section 173 Constitution, South African divorce law, statutory bar, stepchildren, stepparent maintenance, Superior Courts Act, Supreme Court of Appeal, Western Cape High Court Blended Families, Bitter Disputes and a Blocked Appeal: The SCA Draws the Line on Rule 43 Appealability in B.E v N.T and Others (505/2025) [2026] ZASCA 25 (11 March 2026). The Facts: A Blended Family, a Breakdown, and a Battle Over Stepchildren's Maintenance BE and NT married on 27 April 2018, out of community of property subject to the accrual… READ MORE
15/01/2026 Bertus Preller Accrual Calculation, Accrual Calculator, Accrual claims, Accrual system, Divorce, Eviction, PIE Act, Procedural Law, Procedure accrual claim, accrual disputes, accrual system, constitutional arguments, contingent rights, conveyancing law, divorce and property, divorce litigation, doctrine of notice, eviction defence, eviction proceedings, family law practitioners, finality in litigation, leave to appeal, matrimonial home, matrimonial property, PIE Act, property ownership, property transactions, reconsideration applications, registered ownership, section 17(2)(f), South African Family Law, spousal occupation, Superior Courts Act, Supreme Court of Appeal, third party purchasers, transfer of property Accrual Rights, Ownership and Eviction: Clear Limits on Spousal Claims Before Divorce — J.M.M and Another v Cara Dorothy Masureik and Others (807/2024) [2026] ZASCA 1 (8 January 2026). Factual Background and Procedural History The matter in J.M.M and Another v Cara Dorothy Masureik and Others arose from protracted and unresolved divorce proceedings between the first applicant and her… READ MORE
11/05/2025 Bertus Preller Accrual Calculation, Appeal, Commencement Values, Costs, Division of Estate, Divorce, Financial Disclosure, Procedure accrual claim, accrual system, Antenuptial Contract, binding agreement, commencement values, conclusive proof, contractual terms, declaration of value, divorce proceedings, divorce settlement, estate calculation, Estate Valuation, financial disclosure, inflation adjustment, legal precedent, marriage contracts, Marriage Dissolution, matrimonial agreements, matrimonial property, Matrimonial Property Act, out of community of property, prima facie proof, property declaration, section 6(3), South African divorce law, South African Law, statutory interpretation, Supreme Court of Appeal, wealth division D.C.M v C.C.M (1235/22) [2025] ZASCA 55 (9 May 2025). Understanding the Recent Supreme Court of Appeal Ruling on Antenuptial Contracts On 9 May 2025, the Supreme Court of Appeal (SCA) delivered a landmark judgment in Manelis v Manelis (Case… READ MORE
08/02/2025 Bertus Preller Customary Marriages, Divorce African customary marriage law, bride transfer ritual, court ruling on customary marriage, cultural practices in marriage law, customary law and modernity, customary law evolution, customary marriage, customary marriage court cases, customary marriage requirements, evolving marriage customs, family law in South Africa, high court ruling on lobola, legal analysis of customary unions, legal precedents in customary marriages, legal recognition of lobola, legal validity of customary marriage, living customary law, lobola letter authenticity, lobola negotiations, lobola payment, marital disputes in South Africa, marriage law and culture, N.V.M v D.S.R, Recognition of Customary Marriages Act, ROCMA section 3, South African customary law reform, South African Law, Supreme Court judgments on customary law, Supreme Court of Appeal, ZANCHC ruling Court Affirms Validity of Customary Marriage Despite Disputed Lobola – N.V.M v D.S.R (1327/2024) [2025] ZANCHC 9 (7 February 2025). The Disputed Customary Marriage: A Clash of Traditions and Testimonies In N.V.M v D.S.R (1327/2024) ZANCHC 9 (7 February 2025), the Northern Cape Division of the High Court was tasked… READ MORE
23/12/2024 Bertus Preller Abduction, Appeal, Best Interests of the Child, Children, Hague Convention on the Civil Aspects of International Child Abduction, Holiday Travel, International Travel, Parental Alienation, Parental Rights, Procedure, Relocation Article 13(b), Australian courts, Central Authority, child abduction, child protection, child rights, child welfare, children's act, Constitutional Challenges, cross-border parenting, custody proceedings, domestic violence, Expeditious Proceedings, Family Advocate, grave risk defence, Hague Convention, international child return, international family law, international obligations, Judicial Discretion, judicial separation, legal precedent, Parental Rights, procedural delays, Protective Measures, South Africa, South African jurisdiction, Supreme Court of Appeal, time limits, undertakings, urgent applications When Time is Not on Your Side: Supreme Court Issues Urgent Warning on Hague Convention Delays in N M v Central Authority for Republic of South Africa and Another [2024] ZASCA 178 (19 December 2024). Introduction: A Child's Journey Between Two Continents The Supreme Court of Appeal recently delivered a landmark judgment in N M v Central Authority for Republic of South Africa and Another… READ MORE
19/11/2024 Bertus Preller Adversarial Legal System, Appeal, Best Interests of the Child, Children, Coercive Control, Conduct of Childcare Experts, Costs, Divorce, Family Law Court System South Africa, In Community of Property, Marital Regimes, Pacta sunt servanda, Parental Alienation, Parental Rights, Punitive Cost Orders, Relocation, Settlement agreements, Shared Residency best interests of child, breastfeeding rights, Child Custody, children's rights, children's act, Constitutional Rights, costs order, custody agreement, custody battle, divorce proceedings, divorce settlement, Family Advocate, family advocate recommendations, Family Court, Family Law, financial coercion, joint estate, Judicial Discretion, legal precedent, matrimonial property, Medupi Power Station, Parental Rights, parenting plan, Primary Caregiver, primary residence, settlement agreement, South African courts, Supreme Court of Appeal, unilateral relocation, upper guardian When Power Moves Meet Parental Rights: High Court Pulls the Plug on Dad’s Custody Settlement in ZDE v CE (1011/2022) [2024] ZASCA 159. (18 November 2024). Background to the Matter Picture this: the corridors of the Supreme Court of Appeal in Bloemfontein, where legal dramas unfold with the regularity of load-shedding schedules. But this time, the… READ MORE
25/07/2024 Bertus Preller Accrual Calculation, Antenuptial Contracts, Appeal, Divorce, Pacta sunt servanda, Procedural Law, Procedure, Settlement agreements accrual system, appealable order, civil procedure, client advice, client communication, common mistake, contract law, divorce settlement, Family Law, judicial interpretation, justus error, legal certainty, Legal Practitioners, professional liability, settlement agreement, South African Law, Supreme Court of Appeal, thorough preparation, variation Legal Pitfalls in Divorce Settlements: B v B [2024] ZASCA 116 (24 July 2024). Warns Practitioners. The Dispute: A Settlement Agreement Under Scrutiny The case of B v B (259/2023) ZASCA 116 originated from a divorce settlement that quickly became contentious after its conclusion. The parties,… READ MORE
22/06/2024 Bertus Preller Abduction, Best Interests of the Child, Children, Emotional Abuse, Hague Convention on the Civil Aspects of International Child Abduction, Parental Rights, Procedural Law, Psychological Abuse, Relocation Article 13(b), best interests of child, Central Authority, child abduction, constitutional law, cross-border custody, developmental delays, evidentiary standards, grave risk exception, habitual residence, Hague Convention, international family law, international treaties, Judicial Discretion, post-partum depression, prompt return principle, Protective Measures, South Africa, Supreme Court of Appeal, undertakings Solomon’s Dilemma in the Digital Age: SCA Navigates International Child Abduction in C.A.R v Central Authority (737/2023) [2024] ZASCA 103 (21 June 2024). Background of the Case: What Led to the Supreme Court of Appeal? In the annals of legal history, cases involving child custody (care and contact) often evoke the wisdom of… READ MORE
13/06/2024 Bertus Preller Accrual Calculation, Anti-Dissipation Interdicts, anti-dissipatory relief, Appeal, Divorce, Procedural Law accrual system, anti-dissipation interdict, appealability, asset dissipation, constitutional values, constitutionalization, Divorce, evidentiary threshold, exceptional circumstances, fair outcomes, Family Law, intentions, interests of justice, interim orders, judicial accountability, KSL v AL, legal developments, legal principles, marital property, matrimonial disputes, precedents, rule 34 offers, settlement negotiations, South African Law, strategic litigation, Supreme Court of Appeal The SCA Unraveling the Intricacies of Anti-Dissipation Interdicts in Matrimonial Disputes: Lessons from KSL v AL (356/2023) [2024] ZASCA 96 (13 June 2024). The Lowdown: Facts and Background of KSL v AL (356/2023) ZASCA 96 (13 June 2024) The saga of KSL v AL began when KSL (the husband) tied the knot with… READ MORE
11/01/2024 Bertus Preller Divorce, In Community of Property, Non-Patrimonial Assets Asset Division, community property, constitutional law, discrimination in marriage, divorce settlements, Family Law, joint estate, legal implications, legal interpretation, legal precedent, legal reform, LH v ZH case, marriage in community of property, marriage law, matrimonial assets, matrimonial property law, matrimonial property regimes, non-patrimonial damages, pre-marital assets, Section 18(a) MPA, South Africa, spousal rights, Supreme Court of Appeal Navigating Matrimonial Property Rights: Insights from the LH v ZH Case – LH v ZH (2022) 1 SA 384 (SCA). OVERVIEW OF THE LH V ZH CASE AND MATRIMONIAL PROPERTY LAW IN SOUTH AFRICA The case of LH v ZH (2022) 1 SA 384 (SCA) presents a pivotal moment in… READ MORE