J v J (3238/2014) [2014] ZAFSHC 142 (4 September 2014)

Parties

Procedural Posture

Urgent Application / Rule 43 Application for Interim Maintenance and Costs Pending Divorce

Legal Issues

1. 1 Whether the respondent should pay maintenance pendente lite and contribute towards the applicant's legal costs.
2. 2 Whether the applicant is entitled to custody of the minor children and the respondent's access should be supervised.
3. 3 Whether the respondent should continue paying the mortgage bond, insurance, and other expenses pending divorce.

Ratio Decidendi

The court found that the applicant, although employed, does not earn enough to cover her and the minor children's expenses. The respondent earns significantly more and has been paying for the mortgage, insurance, and school fees. The applicant agreed to abandon certain expenses deemed luxurious by the respondent. The court held that the applicant is entitled to a contribution towards costs, but not maintenance for herself, as she is able to support herself. Supervised access for the respondent was ordered due to the age of the youngest child and the circumstances presented. The respondent was ordered to continue paying the mortgage, insurance, school fees, vehicle instalments, and...

Court Disposition

Application granted in part; interim maintenance and contributions ordered pendente lite, with supervised access for respondent.

Orders

• The respondent is ordered to pay the mortgage bond, insurance, and security for the marital home until finalisation of the divorce action, including arrears from 1 October 2014, monthly by the 7th.
• The applicant is awarded custody of the minor children, subject to the respondent's right of reasonable supervised access as specified.