M.M (born S) v P.M.M (DIV155/2017) [2018] ZANWHC 89 (22 November 2018)

M.M (born S) v P.M.M (DIV155/2017) [2018] ZANWHC 89 (22 November 2018)

The court found that both parties contributed to the joint estate, with the applicant providing a substantial loan and purchasing furniture, while the respondent contributed more due to higher earnings. The respondent failed to provide evidence of the value of the estate, making it impossible to determine undue benefit. The applicant's pregnancy by another man did not constitute substantial misconduct, as the marriage was already defunct and the parties had separated. The respondent's request for complete forfeiture was motivated by vindictiveness rather than legal grounds. There were no sufficient factors to justify forfeiture of benefits. The marriage was dissolved, the joint estate was...

Citation
[2018] ZANWHC 89
Parties
Applicant: M[…] M[…] (born S[…]); Respondent: P[…] M[…] M[…]
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
22 November 2018
Case Number
DIV155/2017
Procedural Posture
Divorce Application / Trial
Outcome
Decree of divorce granted; joint estate to be divided equally; each party entitled to fifty percent of the other's pension benefits; no order as to costs.
Judges
Matlapeng
Legal Topics
Divorce Act Forfeiture, Division of Joint Estate, Irretrievable Breakdown, Pension Interest, Contribution to Estate
Family and Children Divorce Act Forfeiture Division of Joint Estate Irretrievable Breakdown Pension Interest Contribution to Estate

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Parties

M[…] M[…] (born S[…])

Applicant

P[…] M[…] M[…]

Respondent

Procedural Posture

Divorce Application / Trial

Legal Issues

  1. 1 Whether the marriage between the parties has irretrievably broken down.
  2. 2 Whether the plaintiff should forfeit the patrimonial benefits of the marriage in community of property.
  3. 3 How the joint estate and pension interests should be divided.

Ratio Decidendi

The court found that both parties contributed to the joint estate, with the applicant providing a substantial loan and purchasing furniture, while the respondent contributed more due to higher earnings. The respondent failed to provide evidence of the value of the estate, making it impossible to determine undue benefit. The applicant's pregnancy by another man did not constitute substantial misconduct, as the marriage was already defunct and the parties had separated. The respondent's request for complete forfeiture was motivated by vindictiveness rather than legal grounds. There were no sufficient factors to justify forfeiture of benefits. The marriage was dissolved, the joint estate was...

Court Disposition

Decree of divorce granted; joint estate to be divided equally; each party entitled to fifty percent of the other's pension benefits; no order as to costs.

Orders

  • A decree of divorce is granted.
  • The joint estate is to be divided equally between the parties.