M.S v R.G.S (21620 / 2019) [2023] ZAGPJHC 1231 (26 October 2023)

M.S v R.G.S (21620 / 2019) [2023] ZAGPJHC 1231 (26 October 2023)

The court found that the practice directive is couched in mandatory terms and applies to all opposed divorce actions where maintenance is in dispute. The respondent's assertion that he can afford the maintenance claimed does not remove the dispute regarding maintenance, as the pleadings reveal that maintenance, including rehabilitative maintenance, remains contested. The respondent's privacy argument and attempt to pre-empt the divorce court's analysis of maintenance are not compelling and do not excuse non-compliance. The applicant has complied with the directive, and the respondent is obliged to do the same. Accordingly, the respondent is ordered to make financial disclosure within ten...

Citation
[2023] ZAGPJHC 1231
Parties
Applicant: S, M; Respondent: S, R G
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
26 October 2023
Case Number
21620 / 2019
Procedural Posture
Urgent Application / Application for Financial Disclosure Order in Pending Divorce Proceedings
Outcome
Application granted. Respondent ordered to make financial disclosure and pay costs.
Judges
D Van Niekerk
Legal Topics
Maintenance Dispute, Financial Disclosure, Practice Directive Compliance, Divorce Proceedings
Family and Children Civil Procedure Maintenance Dispute Financial Disclosure Practice Directive Compliance Divorce Proceedings

Case Brief

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Parties

S, M

Applicant

S, R G

Respondent

Procedural Posture

Urgent Application / Application for Financial Disclosure Order in Pending Divorce Proceedings

Legal Issues

  1. 1 Whether the respondent is obliged to make financial disclosure in terms of the Judge President's practice directive in an opposed divorce action where maintenance is in dispute.
  2. 2 Whether the respondent's stated ability to pay maintenance and privacy rights exempt him from compliance with the directive.
  3. 3 Whether the applicant has complied with the practice directive and provided her Financial Disclosure Form.

Ratio Decidendi

The court found that the practice directive is couched in mandatory terms and applies to all opposed divorce actions where maintenance is in dispute. The respondent's assertion that he can afford the maintenance claimed does not remove the dispute regarding maintenance, as the pleadings reveal that maintenance, including rehabilitative maintenance, remains contested. The respondent's privacy argument and attempt to pre-empt the divorce court's analysis of maintenance are not compelling and do not excuse non-compliance. The applicant has complied with the directive, and the respondent is obliged to do the same. Accordingly, the respondent is ordered to make financial disclosure within ten...

Court Disposition

Application granted. Respondent ordered to make financial disclosure and pay costs.

Orders

  • The respondent is directed to make a financial disclosure in terms of the Judge President of the High Court’s practice directive dated 10 January 2020 within 10 days of service of this order upon the respondent’s attorneys of record.
  • The respondent is directed to pay the costs of this application.