D.B v V.B (77535/18) [2019] ZAGPPHC 463 (20 August 2019)

D.B v V.B (77535/18) [2019] ZAGPPHC 463 (20 August 2019)

The court found that while the applicant's disclosure of her financial circumstances was not entirely satisfactory, she did demonstrate that her expenses had increased since leaving the marital home and that the original maintenance order was insufficient to meet her needs. The respondent's own disclosure was also incomplete, as he failed to provide personal bank statements and conceded that most of his expenses were paid through the business. The court determined that a material change in circumstances had occurred, justifying a variation of the original order. However, the court exercised its discretion to limit the variation to a contribution towards legal costs, rather than increasing...

Citation
[2019] ZAGPPHC 463
Parties
Applicant: D.B; Respondent: V.B
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 August 2019
Case Number
77535/18
Procedural Posture
Urgent Application / Rule 43(6) Variation Application
Outcome
The application partially succeeds. The original order is varied only to require the respondent to pay a contribution towards the applicant's legal costs. Costs of the application are reserved for the final divorce action.
Judges
N N Bam
Legal Topics
Interim Maintenance, Contribution Towards Legal Costs, Rule 43 Variation, Material Change in Circumstances
Family and Children Interim Maintenance Contribution Towards Legal Costs Rule 43 Variation Material Change in Circumstances

Case Brief

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Parties

D.B

Applicant

V.B

Respondent

Procedural Posture

Urgent Application / Rule 43(6) Variation Application

Legal Issues

  1. 1 Whether there has been a material change in the applicant's circumstances justifying a variation of the interim maintenance and legal costs order.
  2. 2 Whether the applicant has adequately disclosed her financial circumstances to support her claim for increased maintenance and legal costs.
  3. 3 Whether the respondent should contribute further towards the applicant's legal costs pending the divorce.

Ratio Decidendi

The court found that while the applicant's disclosure of her financial circumstances was not entirely satisfactory, she did demonstrate that her expenses had increased since leaving the marital home and that the original maintenance order was insufficient to meet her needs. The respondent's own disclosure was also incomplete, as he failed to provide personal bank statements and conceded that most of his expenses were paid through the business. The court determined that a material change in circumstances had occurred, justifying a variation of the original order. However, the court exercised its discretion to limit the variation to a contribution towards legal costs, rather than increasing...

Court Disposition

The application partially succeeds. The original order is varied only to require the respondent to pay a contribution towards the applicant's legal costs. Costs of the application are reserved for the final divorce action.

Orders

  • The order made on 6 November 2018 is varied to require the respondent to pay a contribution towards the applicant's legal costs in the amount of R5 000 per month pendente lite, with the first installment due on or before 1 September 2019.
  • The costs of this application will stand over for determination in the final divorce action.