Rossouw v Du Preez (55201/2008) [2009] ZAGPHC 43 (24 February 2009)

Rossouw v Du Preez (55201/2008) [2009] ZAGPHC 43 (24 February 2009)

The court held that while spouses owe each other reciprocal support, the applicant is only entitled to interim maintenance to the extent that her reasonable living expenses cannot be met from her own assets or income. The respondent had previously supported the applicant generously, allowing her to retain rental income and providing a monthly allowance, but this level of support is not required now that they live apart. The applicant's claim for R9585 per month was found excessive given both parties' assets and the respondent's financial position. The court distinguished this case from situations where a spouse is left without means due to years of non-employment for the benefit of the...

Citation
[2009] ZAGPHC 43
Parties
Applicant: Rossouw; Respondent: Du Preez
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
24 February 2009
Case Number
55201/2008
Procedural Posture
Urgent Application / Interim Maintenance and Costs Application Under Rule 43 Pending Divorce
Outcome
Application partially granted: interim maintenance and contribution to legal costs awarded; claim for past relocation expenses dismissed.
Judges
JCW van Rooyen
Legal Topics
Interim Maintenance, Reciprocal Support Obligation, Rule 43 Procedure, Contribution to Legal Costs
Family and Children Civil Procedure Interim Maintenance Reciprocal Support Obligation Rule 43 Procedure Contribution to Legal Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Rossouw

Applicant

Du Preez

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant is entitled to interim maintenance from the respondent pending divorce.
  2. 2 Whether the applicant is entitled to reimbursement for past expenses incurred in relocating to her own residence.
  3. 3 Whether the applicant is entitled to a contribution towards her legal costs.

Ratio Decidendi

The court held that while spouses owe each other reciprocal support, the applicant is only entitled to interim maintenance to the extent that her reasonable living expenses cannot be met from her own assets or income. The respondent had previously supported the applicant generously, allowing her to retain rental income and providing a monthly allowance, but this level of support is not required now that they live apart. The applicant's claim for R9585 per month was found excessive given both parties' assets and the respondent's financial position. The court distinguished this case from situations where a spouse is left without means due to years of non-employment for the benefit of the...

Court Disposition

Application partially granted: interim maintenance and contribution to legal costs awarded; claim for past relocation expenses dismissed.

Orders

  • The respondent shall pay R3000 per month as interim maintenance to the applicant, with the first payment due by 21 March 2009 and subsequent payments on or before the 5th of each month.
  • The respondent shall pay R3000 to the applicant by 1 July 2009 as a contribution towards her legal costs.