Introduction The Western Cape High Court’s decision in J.G.S v S.E.S and Others (A283/2024) [2025] ZAWCHC 543 addresses a question of considerable practical importance in South African family law: when may a spouse married in community of property alienate immovable
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.
Website:
https://divorceattorney.co.za
Latest from Bertus Preller - Page 6
When Midnight Departures Belie Consent: Article 13 Defences Fail in International Child Abduction Case – Central Authority of the Republic of South Africa and Another v L (2025-178969) [2025] ZAGPJHC 1101 (3 November 2025).
Factual Matrix: A Mother’s Contested Departure from Denmark to South Africa The dispute before Adams J in the Gauteng Division of the High Court centred on a six-year-old boy who had been removed from Denmark to South Africa by his…
Unproven Abuse Allegations and Expert Evidence: When Courts Reject Referral to Trial in Child Contact Disputes – C.N v I.G.R (D6383/2024) [2025] ZAKZDHC 68 (28 October 2025).
The Factual Matrix: Allegations of Sexual Abuse and Protracted Litigation The case of C.N v I.G.R (D6383/2024) [2025] ZAKZDHC 68 (28 October 2025) presents a troubling factual scenario that will resonate with family law practitioners who regularly navigate the treacherous…
When Retirement Funds Cannot Settle Accrual Claims: D E C B v J M B (37464-2020) [2025] ZAGPPHC 1093 (21 October 2025) and the Jurisdictional Dilemma in South African Divorce Law.
Factual Matrix: When a Referee’s Report Reveals More Questions Than Answers The parties in this matter were married out of community of property with the application of the accrual system and subsequently divorced on 1 November 2022. Their divorce was…
When Brevity Becomes Brutality: S.M v N.M (D6667/2024) [2024] ZAKZDHC 54 versus B.S v K.W.S (2025/027511) [2025] ZAGPPHC 1085 – Has Striking Off Rule 43 Applications for Prolixity Gone Too Far?
Two Cases, Two Outcomes: The Factual Matrix of S.M v N.M and B.S v K.W.S The contrasting outcomes in S.M v N.M (D6667/2024) [2024] ZAKZDHC 54 (28 August 2024) and B.S v K.W.S (2025/027511) [2025] ZAGPPHC 1085 (26 September 2025)…