L v L (83552/2016) [2018] ZAGPPHC 482 (27 February 2018)

L v L (83552/2016) [2018] ZAGPPHC 482 (27 February 2018)

The court found that the marriage had irretrievably broken down, with both parties living apart since July 2016 and having been unhappy from the outset. The marriage was of short duration, approximately three and a half years. The Plaintiff's assets, including the immovable property and pension interests, were acquired prior to the marriage, and the Defendant failed to provide credible evidence of substantial contributions to these assets. The Defendant's counterclaim for forfeiture of the Plaintiff's property was unsustainable in law, as assets brought into the estate before marriage cannot be forfeited. The court accepted the Plaintiff's open tender of R100,000 as a clean break and...

Citation
[2018] ZAGPPHC 482
Parties
Plaintiff: M M L; Defendant: A W M K
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 February 2018
Case Number
83552/2016
Procedural Posture
Divorce Action / Final Judgment
Outcome
Decree of divorce granted; Defendant to forfeit all patrimonial benefits arising from the marriage in community of property; Plaintiff to pay Defendant R100,000; each party to pay own costs.
Judges
Constantinides
Legal Topics
Divorce Act Forfeiture, Irretrievable Breakdown, Patrimonial Benefits, Clean Break Principle
Family and Children Divorce Act Forfeiture Irretrievable Breakdown Patrimonial Benefits Clean Break Principle

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 4 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

M M L

Plaintiff

A W M K

Defendant

Procedural Posture

Divorce Action / Final Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has irretrievably broken down.
  2. 2 Whether the Defendant should forfeit the patrimonial benefits arising from the marriage in community of property.
  3. 3 Whether the Plaintiff or Defendant is entitled to any portion of the other's assets or pension interests.

Ratio Decidendi

The court found that the marriage had irretrievably broken down, with both parties living apart since July 2016 and having been unhappy from the outset. The marriage was of short duration, approximately three and a half years. The Plaintiff's assets, including the immovable property and pension interests, were acquired prior to the marriage, and the Defendant failed to provide credible evidence of substantial contributions to these assets. The Defendant's counterclaim for forfeiture of the Plaintiff's property was unsustainable in law, as assets brought into the estate before marriage cannot be forfeited. The court accepted the Plaintiff's open tender of R100,000 as a clean break and...

Court Disposition

Decree of divorce granted; Defendant to forfeit all patrimonial benefits arising from the marriage in community of property; Plaintiff to pay Defendant R100,000; each party to pay own costs.

Orders

  • A decree of divorce is granted.
  • The Defendant is to forfeit all patrimonial benefits arising out of the marriage in community of property, including the immovable property registered in the Plaintiff's name, Plaintiff's pension interests, vehicles, and investments.