B v B (2941/2018) [2018] ZAFSHC 162 (23 August 2018)

B v B (2941/2018) [2018] ZAFSHC 162 (23 August 2018)

The applicant failed to make full and frank disclosure of her financial position, including significant account balances and unexplained transfers. As a result, she did not discharge the onus to prove she is in need of maintenance pendent lite. The respondent is already contributing to certain expenses, and there is no evidence that these contributions are inadequate. The court finds no basis to order further maintenance for the applicant or a contribution to her legal costs. Regarding parental responsibilities and rights, there is no dispute between the parties, and the current arrangements are working. The court formalizes these arrangements and orders maintenance for the minor children...

Citation
[2018] ZAFSHC 162
Parties
Applicant: M B; Respondent: W B
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
23 August 2018
Case Number
2941/2018
Procedural Posture
Urgent Application / Uniform Rule 43 Application for Interim Maintenance and Parental Rights Pending Divorce
Outcome
Application for maintenance pendent lite for the applicant dismissed; maintenance for minor children granted; parental responsibilities and rights formalized.
Judges
Molitsoane
Legal Topics
Maintenance Pendente Lite, Parental Responsibilities and Rights, Children S Act, Disclosure of Financial Position
Family and Children Civil Procedure Maintenance Pendente Lite Parental Responsibilities and Rights Children S Act Disclosure of Financial Position

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

M B

Applicant

W B

Respondent

Procedural Posture

Urgent Application / Uniform Rule 43 Application for Interim Maintenance and Parental Rights Pending Divorce

Legal Issues

  1. 1 Whether the applicant is entitled to interim maintenance for herself and the minor children pending divorce proceedings.
  2. 2 Whether the respondent has failed to maintain the applicant and minor children adequately.
  3. 3 Whether the applicant has made full and frank disclosure of her financial position.

Ratio Decidendi

The applicant failed to make full and frank disclosure of her financial position, including significant account balances and unexplained transfers. As a result, she did not discharge the onus to prove she is in need of maintenance pendent lite. The respondent is already contributing to certain expenses, and there is no evidence that these contributions are inadequate. The court finds no basis to order further maintenance for the applicant or a contribution to her legal costs. Regarding parental responsibilities and rights, there is no dispute between the parties, and the current arrangements are working. The court formalizes these arrangements and orders maintenance for the minor children...

Court Disposition

Application for maintenance pendent lite for the applicant dismissed; maintenance for minor children granted; parental responsibilities and rights formalized.

Orders

  • Full parental responsibilities and rights in respect of the minor children A, P, and T are awarded to both applicant and respondent.
  • P and will primarily reside with the applicant; T will primarily reside with the respondent.