23/07/2025 Bertus Preller Abuse, Adultery, Division of Estate, Divorce, Divorce Statistics, Domestic Violence, Forfeiture of Benefits, Infidelity, Marriage accrual, adultery, Andy Byron, Asset Division, assets, B.R.B.M v R.K.B.M, C.M.M v A.M.S.M, community of property, Divorce Act, Divorce Law, Family Court, family law attorney, forfeiture, forfeiture orders, High Court, legal commentary, legal precedent, M v M, marital breakdown, Matyila v Matyila, misconduct, no-fault divorce, patrimonial benefits, public infidelity, section 9(1), South Africa, T.N v S.N, undue benefit, Wijker v Wijker Andy Byron Scandal: Public Infidelity and the Forfeiture of Assets under Section 9(1) of the Divorce Act in South Africa. South African divorce law permits courts to depart from the usual 50/50 division of marital assets in order to prevent an undeserved windfall to a spouse who caused or contributed… READ MORE
21/04/2025 Bertus Preller Division of Estate, Divorce, Forfeiture of Benefits, Pension Funds, Recission of Divorce Orders community of property, court discretion, divorce act section 9, divorce costs, divorce judgment, divorce proceedings, divorce settlements, extramarital affairs, family law South Africa, financial abuse marriage, financial misconduct, Forfeiture of benefits, Gauteng High Court, High Court Judgment, justice kooverjie, legal precedent, Marital Assets, marriage breakdown, matrimonial property, partial rescission, pension claims, Pension Forfeiture, pension interests divorce, Property Division, South African divorce law, spousal misconduct, substantial misconduct, undue benefit, wijker test Marriage Misconduct Costs Husband Dearly: Court Orders Forfeiture of Property and Pension Benefits in M.J.L v L.O.L (22341/19; A288/2023) [2025] ZAGPPHC 331 (27 March 2025). Background: The Marriage and Subsequent Divorce Proceedings The recent High Court judgment in M.J.L v L.O.L (22341/19; A288/2023) ZAGPPHC 331 (27 March 2025) provides valuable insights into how South African… READ MORE
06/06/2024 Bertus Preller Divorce, Forfeiture of Benefits, In Community of Property 2024 ZAECMHC 37, Botha v Botha, Case Law, community of property, court judgment, division of property, Divorce Act, divorce judgment, Divorce Law, Eastern Cape Division, Engelbrecht v Engelbrecht, Family Law, Forfeiture of benefits, High Court, joint estate, Legal Analysis, legal appeal, legal precedent, marital benefits, marital home, matrimonial dispute, matrimonial property, pension interest, regional court, Section 9, South Africa, undue benefit, V G v T M, Wijker v Wijker, Z v Z Forfeiture of Benefits in Divorce: Analysis of V G v T M [2024] ZAECMHC 37. Introduction and Background of the Case The case of V G v T M ZAECMHC 37 revolves around an appeal by the appellant, V G, against the judgment rendered by… READ MORE