C v C (13116/13) [2018] ZAGPJHC 535 (10 September 2018)

C v C (13116/13) [2018] ZAGPJHC 535 (10 September 2018)

The court found that the applicant achieved greater success in the divorce action, particularly regarding the universal partnership and primary residence of the children. Both parties acted in the best interests of the children, and neither party's conduct was found to be egregious or unreasonable. The applicant's financial means were more limited than the respondent's, who had access to greater resources. Applying section 10 of the Divorce Act and the principle that costs should be allocated fairly in settled matters, the court determined that it was just for the respondent to pay 50% of the applicant's costs of the divorce action and the full costs of the present application.

Citation
[2018] ZAGPJHC 535
Parties
Applicant: A C; Respondent: J C
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
10 September 2018
Case Number
13116/13
Procedural Posture
Divorce Action / Costs Determination After Settlement
Outcome
The respondent is ordered to pay 50% of the applicant's costs of the divorce action and the full costs of the present application.
Judges
P.A. Meyer
Legal Topics
Divorce Costs, Universal Partnership, Maintenance, Apportionment of Costs
Family and Children Civil Procedure Divorce Costs Universal Partnership Maintenance Apportionment of Costs

Case Brief

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Parties

A C

Applicant

J C

Respondent

Procedural Posture

Divorce Action / Costs Determination After Settlement

Legal Issues

  1. 1 Whether the general rule that costs follow the event applies in divorce actions.
  2. 2 How the means and conduct of the parties affect the allocation of costs in divorce proceedings.
  3. 3 Whether the applicant is entitled to costs given the settlement and outcome of the divorce action.

Ratio Decidendi

The court found that the applicant achieved greater success in the divorce action, particularly regarding the universal partnership and primary residence of the children. Both parties acted in the best interests of the children, and neither party's conduct was found to be egregious or unreasonable. The applicant's financial means were more limited than the respondent's, who had access to greater resources. Applying section 10 of the Divorce Act and the principle that costs should be allocated fairly in settled matters, the court determined that it was just for the respondent to pay 50% of the applicant's costs of the divorce action and the full costs of the present application.

Court Disposition

The respondent is ordered to pay 50% of the applicant's costs of the divorce action and the full costs of the present application.

Orders

  • The respondent is to pay 50% of the applicant’s costs of the divorce action.
  • The respondent is to pay the applicant’s costs of this application.