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
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 5
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…
When the Court Draws a Line in the Sand: Striking Out for Serial Contempt and Abuse of Process in S.L v A.C (8030/2021) [2025] ZAWCHC 565 (4 December 2025).
Introduction The case of S.L v A.C (8030/2021) [2025] ZAWCHC 565 (4 December 2025) serves as a stark reminder that access to justice does not mean access to courts on one’s own terms. Davis AJ delivered a judgment that will…
Parents Stripped of Enforcement Rights for Adult Children’s Maintenance Post-Divorce: A Critical Analysis of R.L v J.F.D.L (A128/2024) [2025] ZAWCHC 585 (12 December 2025).
The Facts: Post-Divorce Enforcement of Maintenance for Adult Dependent Children The appellant and respondent were married in community of property for thirty years before divorcing in the High Court on 6 September 2019. At the time of their divorce, all…
When Biometric Evidence Proves Cohabitation: RJS v LAS (Case No. 5486/2022) [2025] ZAWCHC (2 December 2025) – A Dum Casta Judgment on Post-Divorce Maintenance Termination.
Background Facts: A Tale of Two Estates in Paarl The marriage between RJS and LAS was dissolved by decree of divorce granted by the Western Cape Division of the High Court on 27 May 2019. The parties had been married…
Beyond Marriage: 30 Years, 40% Redistribution and the Universal Partnership Principle – E.L.M v L.M (9360/2022P) [2025] ZAKZPHC 127 (5 December 2025).
Facts and Matrimonial Background: A 30-Year Relationship The parties in this matter were married out of community of property without the accrual system on 27 March 1999, following a six-year period of cohabitation that commenced in 1993. Their relationship, which…
When DNA Evidence Speaks Without Experts: Probabilities, Paternity and Documentary Evidence in E.A.P v S.W (A115/2025) [2025] ZAWCHC 540 (20 November 2025).
Factual Background: A Protracted Paternity Dispute Spanning Two Decades This appeal concerned a finding by the Cape Town Magistrate’s Court, sitting as a maintenance court, that the appellant was the biological father of Z.W., a child born on 23 May…
When a “Trial Period” Defeats Domicile: Animus Manendi and Foreseeable Contingencies in M.S.S v R.A (2025/0539959) [2025] ZAWCHC 517 (10 November 2025).
The Facts: From Cape Town to the Netherlands and Back Again The plaintiff and defendant met in the Western Cape in 2016. Their relationship progressed quickly, with the couple moving in together at the plaintiff’s parents’ home in Cape Town…