A.E v J.E (1921/2018) [2018] ZAECPEHC 31 (28 June 2018)

A.E v J.E (1921/2018) [2018] ZAECPEHC 31 (28 June 2018)

The court found that the applicant's claimed monthly expenses were reasonable and necessary, and that the respondent, given his significantly higher income and disposable assets, was able to afford the maintenance claimed. The respondent's attempt to apportion maintenance obligations equally was rejected, as maintenance must be determined proportionally to the parties' earnings. The disputed expenses, including repayment of the loan from the applicant's mother, were found to be joint liabilities and necessary maintenance expenses. The applicant's claim for a contribution towards legal costs was granted in the amount tendered by the respondent, as it was sufficient to enable her to...

Citation
[2018] ZAECPEHC 31
Parties
Applicant: A E; Respondent: J E
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
28 June 2018
Case Number
1921/2018
Procedural Posture
Urgent Application / Rule 43 Application for Maintenance Pendente Lite and Contribution to Costs Pending Divorce
Outcome
Application granted in part; maintenance pendente lite and contribution to costs ordered.
Judges
G.G. Goosen
Legal Topics
Maintenance Pendente Lite, Contribution to Costs, Division of Joint Estate, Rehabilitative Maintenance
Family and Children Maintenance Pendente Lite Contribution to Costs Division of Joint Estate Rehabilitative Maintenance

Case Brief

Summary, issues, holding and outcome

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Parties

A E

Applicant

J E

Respondent

Procedural Posture

Urgent Application / Rule 43 Application for Maintenance Pendente Lite and Contribution to Costs Pending Divorce

Legal Issues

  1. 1 Whether the applicant is entitled to maintenance pendente lite for herself and the minor child pending divorce proceedings.
  2. 2 Whether the applicant is entitled to a contribution towards her legal costs from the respondent.
  3. 3 Whether the respondent's apportionment of maintenance obligations is reasonable given the parties' respective incomes.

Ratio Decidendi

The court found that the applicant's claimed monthly expenses were reasonable and necessary, and that the respondent, given his significantly higher income and disposable assets, was able to afford the maintenance claimed. The respondent's attempt to apportion maintenance obligations equally was rejected, as maintenance must be determined proportionally to the parties' earnings. The disputed expenses, including repayment of the loan from the applicant's mother, were found to be joint liabilities and necessary maintenance expenses. The applicant's claim for a contribution towards legal costs was granted in the amount tendered by the respondent, as it was sufficient to enable her to...

Court Disposition

Application granted in part; maintenance pendente lite and contribution to costs ordered.

Orders

  • The respondent is ordered to pay maintenance pendente lite for the applicant and the minor child in an amount of R16,000.00 per month commencing on 1 July and on every successive first day of the month thereafter.
  • The respondent is directed to continue to make direct payment of the monthly Absa Bond installment on the marital home and the monthly fees in respect of the DSTV subscription and Atlas Security payments.