Organization
Bertus Preller
Website: divorceattorney.co.za
Family Laws South Africa is a legal publisher focusing on family law issues within the South African jurisdiction. It provides detailed analyses and case commentaries on topics such as divorce, maintenance, cohabitation, paternity disputes, and property redistribution following marital dissolution. The content often examines recent court decisions, highlighting procedural and substantive legal principles relevant to family law practitioners. The publisher serves as a resource for legal professionals seeking insights into the application of family law statutes and case law precedents in South Africa.
65 published works
The Family Law and Divorce Law Blog
Equality of Arms in Rule 43: Northern Cape High Court Rejects the R25,000 First-Day-of-Trial Practice for a Contribution to Costs: C.G.S v J.H.S (2026-133005) [2026] ZANCHC 92 (30 October 2026).
This case concerns a Rule 43 application in the Northern Cape Division in which the only issue left for decision was the quantum of a husband’s contribution towards his wife’s…
The Family Law and Divorce Law Blog
When the Decree Falls Silent: A Rule 43 Order Does Not Survive Divorce – S.C.K v B.K (A143/2026) [2026] ZAWCHC 629 (23 October 2026).
This Full Bench appeal in the Western Cape Division decides whether an interim maintenance order granted under Rule 43 continues to operate after a decree of divorce that says nothing…
The Family Law and Divorce Law Blog
No Notice, No Attachment: Freezing a Bank Account to Enforce Rule 43 Maintenance in M.T.J v E.C.J (2026-060216) [2026] ZAGPJHC 1216 (23 October 2026).
This case concerns the attachment of a husband’s bank account to enforce an unpaid Rule 43 maintenance order. The Johannesburg High Court set the attachment aside because the sheriff had…
The Family Law and Divorce Law Blog
When Pendente Lite Means Exactly That: The Full Bench Ends a Post-Divorce Maintenance Dispute in KIV v CJV (A151/2025) [2026] ZAFSHC 465 (15 October 2026).
This case concerns a divorced husband who asked the Free State High Court to declare that his duty to pay his former wife R25 000 per month in spousal maintenance…
The Family Law and Divorce Law Blog
Self-Help Is Not a Defence: Ex-Husband Held in Contempt for Flouting Maintenance Order in D.O v M.E (6955/2018) [2026] ZAWCHC 624 (21 October 2026).
This case concerns a former husband who, for the better part of seven years, paid his ex-wife’s court-ordered rehabilitative maintenance when and in the amount he chose, pleaded poverty and…
The Family Law and Divorce Law Blog
Freezing the Trust and the Company: Why a Section 7(3) Redistribution Claim Did Not Found a Preservation Order Against Separate Legal Entities in T.J.R v S.L.R and Others (2026-000369) [2026] ZAGPJHC 1181 (8 October 2026).
This case concerns a wife, married out of community of property without accrual, who sought interim preservation orders over assets held by a family trust and a company controlled by…
The Family Law and Divorce Law Blog
When “Spouse” No Longer Means You: Divorce and the Loss of Trust Beneficiary Status in K.J.P v G.G.M.P N.O and Others (17622/2024) [2026] ZAWCHC 611 (19 October 2026).
The facts: a Hermanus villa, a family trust and a marriage that endedThe applicant, an attorney and conveyancer, was the founder of the ERF 1[…] Fernkloof Investment Trust, a trust…
The Family Law and Divorce Law Blog
Schoolboy Rugby Transfer Sheets: What Parental Consent Means in Family Law and What POPIA Does to Blogs That Publish Without It.
In a recent article for my Substack newsletter I looked at the running “transfer sheets” that some rugby websites keep of schoolboy players moving between schools, and I asked a…
The Family Law and Divorce Law Blog
Pension Interest Now Redistributable in All Marriages Without Accrual: The Constitutional Court Strikes Down Section 7(7)(c) of the Divorce Act in GD v Minister of Home Affairs and Others (CCT 60/25) [2026] ZACC 39 (9 October 2026).
The facts and the road to the Constitutional CourtThe applicant, Mrs D, and the third respondent, Mr D, met in 1999 and married on 25 April 2004 out of community…
The Family Law and Divorce Law Blog
When Both Sides Lose: “Absence”, Self-Created Urgency and a Decade of Maintenance Litigation: E.H v J.C.J.V.D (19849/2022) [2026] ZAWCHC 576 (2 October 2026).
A Decade of Enforcement and a Friday Evening HearingThe judgment in E.H v J.C.J.V.D (19849/2022) [2026] ZAWCHC 576 (2 October 2026), delivered by Greig AJ in the Western Cape Division,…