L.M v E.M (16840/2015) [2017] ZAGPPHC 944 (15 December 2017)

L.M v E.M (16840/2015) [2017] ZAGPPHC 944 (15 December 2017)

The court found that the marriage had irretrievably broken down, with the defendant's conduct—her failure to contribute financially, isolating behaviour, and refusal to engage in counselling—constituting gross misconduct that contributed to the breakdown. The plaintiff had carried the financial burden alone, and the defendant stood to be unduly benefited if forfeiture was not ordered, especially considering the plaintiff's imminent retirement and the defendant's longer remaining working life. The court held that justice and fairness required the defendant to forfeit 15% of the benefits arising from the marriage. The defendant's claim for maintenance was rejected, as she was found capable...

Citation
[2017] ZAGPPHC 944
Parties
Plaintiff: L M; Defendant: E M
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 December 2017
Case Number
16840/2015
Procedural Posture
Divorce Action / Trial
Outcome
Divorce granted; defendant ordered to forfeit 15% of the benefits from the marriage; no maintenance awarded to defendant; each party to pay own costs.
Judges
M. Mbongwe
Legal Topics
Divorce, Forfeiture of Benefits, Division of Joint Estate, Maintenance, Irretrievable Breakdown
Family and Children Divorce Forfeiture of Benefits Division of Joint Estate Maintenance Irretrievable Breakdown

Case Brief

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Parties

L M

Plaintiff

E M

Defendant

Procedural Posture

Divorce Action / Trial

Legal Issues

  1. 1 Whether the marriage between the parties has irretrievably broken down.
  2. 2 Whether the defendant should forfeit 15% of the benefits arising from the marriage.
  3. 3 Whether the defendant is entitled to maintenance post-divorce.

Ratio Decidendi

The court found that the marriage had irretrievably broken down, with the defendant's conduct—her failure to contribute financially, isolating behaviour, and refusal to engage in counselling—constituting gross misconduct that contributed to the breakdown. The plaintiff had carried the financial burden alone, and the defendant stood to be unduly benefited if forfeiture was not ordered, especially considering the plaintiff's imminent retirement and the defendant's longer remaining working life. The court held that justice and fairness required the defendant to forfeit 15% of the benefits arising from the marriage. The defendant's claim for maintenance was rejected, as she was found capable...

Court Disposition

Divorce granted; defendant ordered to forfeit 15% of the benefits from the marriage; no maintenance awarded to defendant; each party to pay own costs.

Orders

  • The bond of marriage between the parties is severed.
  • The defendant forfeits 15% of the benefits arising out of the marriage.