The Factual Matrix: A Long-Separated Couple and the Quest for a “Clean” Divorce The applicant, TSY, and the respondent, LEY, married in community of property on 27 July 1989. The marriage endured for 22 years before the parties separated in
Bertus Preller
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.
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Latest from Bertus Preller - Page 4
The Antenuptial Contract Controversy: VVC v JRM and Others [2026] ZACC 2 (21 January 2026) and the Constitutional Court’s Divided Stance on Customary-to-Civil Marriage Conversions.
Factual Matrix: From Customary Union to Civil Marriage and the Antenuptial Contract Conundrum The applicant, VVC, and the first respondent, JRM, entered into a customary marriage on 5 August 2011. As no antenuptial contract preceded this union, the marriage was…
Why Formal Tenders Matter: Separation Refused Without Security for Vulnerable Spouse in AMG and Another v TSG (2025/057077) [2026] ZAWCHC 6 (19 January 2026).
Factual Matrix: A Marriage Breakdown Complicated by Accrual and Maintenance Claims The matter before Wille, J concerned a marriage of over three decades that had irretrievably broken down, but in circumstances that presented complex financial and procedural challenges. The first…
When Interim Interdicts Cannot Be Appealed: Domestic Violence Warrants and Property Sales in V.M v J.M (2025/203538) [2025] ZAGPJHC 1269 (18 December 2025).
Background and Factual Matrix: The Domestic Violence Warrant and Property Sale Dispute The matter before Wilson J arose from an application by JM, the respondent, for leave to appeal against an interim interdict granted on an urgent basis in favour…
When Domestic Violence and Financial Delinquency Justify Forfeiture: Analysis of W.M.C.M v U.A.M (7390/2018) [2026] ZAGPPHC 5 (12 January 2026).
The Factual Matrix: A Pattern of Misconduct and Financial Delinquency The parties in this matter were married in community of property on 16 December 2000. The marriage endured for approximately 24 years, producing one major child. However, the picture painted…
Forfeiture of Pension Benefits for Adultery, Procreation and Public Humiliation via Social Media: E.M v S.M (096891/2024) [2026] ZAGPPHC 8 (12 January 2026).
Factual Background: Extra-Marital Relationship and the Birth of a Third Child The parties in this matter were married in community of property on 10 January 2011. Their marriage, which lasted approximately nine years before they ceased living together, produced two…
Unmarried Parents’ Custodial Rights and Cross-Border Habitual Residence: Central Authority for the Republic of South Africa v MV and Another (1396/2024) [2025] ZASCA 197 (18 December 2025).
Factual Background: From Geneva to Gauteng – The Retention of a Minor Child The factual matrix in this matter presents a textbook illustration of how international child retention disputes arise from the breakdown of cross-border relationships. Ms MV, a dual…
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 husband, to whom she was married out of community of…
Section 26B Citizenship Act Does Not Apply to Minors: A.T.A v L.A.A (2025/246332) [2025] ZAWCHC 597 (19 December 2025) Clarifies International Travel Authorisation.
Introduction The Western Cape High Court recently delivered an important judgment clarifying the application of passport and citizenship requirements to minor children travelling internationally. In A.T.A v L.A.A (2025/246332) [2025] ZAWCHC 597 (19 December 2025), Da Silva Salie J addressed…
When Lawyers Become Warriors: The Dangers of Over-Identification with Clients in South African Children’s Matters.
Introduction In high conflict childcare and contact disputes, lawyers sometimes align so closely with their clients’ positions that they become virtual proxies for parental animosity. This “over-identification” with clients, even when the client’s stance is objectively unreasonable or harmful can…