S v S (5888/09) [2014] ZAFSHC 222 (4 December 2014)

S v S (5888/09) [2014] ZAFSHC 222 (4 December 2014)

The court found that the plaintiff had engaged in a pattern of delay by repeatedly seeking postponements based on medical certificates obtained shortly before each trial date, without providing proper medical evidence or formal applications. The defendant was prejudiced by the lack of finality and ongoing costs. The marriage was found to have irretrievably broken down, and both parties agreed on this point. The defendant did not persist with his claim for forfeiture of matrimonial benefits, and there was insufficient evidence to support an order that each party keep the property in their possession. The court held that, under a marriage in community of property, the joint estate must be...

Citation
[2014] ZAFSHC 222
Parties
Plaintiff: A…… M…. S….; Defendant: K…. T…. S……
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
4 December 2014
Case Number
5888/09
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff’s claim dismissed; decree of divorce granted; joint estate to be divided; each party to pay own costs.
Judges
L.B.J. Moeng
Legal Topics
Divorce, Division of Joint Estate, Pension Interest, Maintenance, Forfeiture of Matrimonial Benefits
Family and Children Divorce Division of Joint Estate Pension Interest Maintenance Forfeiture of Matrimonial Benefits

Case Brief

Summary, issues, holding and outcome

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Parties

A…… M…. S….

Plaintiff

K…. T…. S……

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has irretrievably broken down.
  2. 2 How the joint estate should be divided under a marriage in community of property.
  3. 3 Whether the plaintiff is entitled to half of the value of the defendant’s pension interest calculated at date of divorce.

Ratio Decidendi

The court found that the plaintiff had engaged in a pattern of delay by repeatedly seeking postponements based on medical certificates obtained shortly before each trial date, without providing proper medical evidence or formal applications. The defendant was prejudiced by the lack of finality and ongoing costs. The marriage was found to have irretrievably broken down, and both parties agreed on this point. The defendant did not persist with his claim for forfeiture of matrimonial benefits, and there was insufficient evidence to support an order that each party keep the property in their possession. The court held that, under a marriage in community of property, the joint estate must be...

Court Disposition

Plaintiff’s claim dismissed; decree of divorce granted; joint estate to be divided; each party to pay own costs.

Orders

  • The plaintiff’s claim is dismissed.
  • A decree of divorce is granted.