Schwartz v Schwartz (79/82) [1984] ZASCA 79; [1984] 4 All SA 645 (AD) ; 1984 (4) SA 467 (A) (17 August 1984)

Schwartz v Schwartz (79/82) [1984] ZASCA 79; [1984] 4 All SA 645 (AD) ; 1984 (4) SA 467 (A) (17 August 1984)

The court found that the marriage between the appellant and respondent had irretrievably broken down, primarily due to the appellant's sustained extramarital relationship with Miss Lintvelt. The respondent's willingness to forgive earlier affairs did not extend to the more serious and lasting liaison, which undermined the marital foundation. The court considered the financial and emotional contributions of both parties, particularly the respondent's support during the appellant's medical studies and her role in the growth of his medical practice. The court held that the requirements for divorce under the Divorce Act 70 of 1979 were satisfied and that the joint estate should be divided...

Citation
[1984] ZASCA 79
Parties
Appellant: Sydney Jacob Schwartz; Respondent: Gladys Schwartz
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
17 August 1984
Case Number
79/82
Procedural Posture
Civil Appeal / Appeal From Divorce Proceedings
Outcome
The appeal was dismissed and the divorce was granted under the Divorce Act 70 of 1979.
Judges
Corbett, Kotze, Joubert
Legal Topics
Divorce Act 1979, Alienation of Affection, Division of Joint Estate
Family and Children Divorce Act 1979 Alienation of Affection Division of Joint Estate

Case Brief

Summary, issues, holding and outcome

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Parties

Sydney Jacob Schwartz

Appellant

Gladys Schwartz

Respondent

Procedural Posture

Civil Appeal / Appeal From Divorce Proceedings

Legal Issues

  1. 1 Whether the appellant was entitled to a divorce under the Divorce Act 70 of 1979.
  2. 2 Whether the respondent was entitled to damages for alienation of affections.
  3. 3 How the joint estate should be divided upon divorce.

Ratio Decidendi

The court found that the marriage between the appellant and respondent had irretrievably broken down, primarily due to the appellant's sustained extramarital relationship with Miss Lintvelt. The respondent's willingness to forgive earlier affairs did not extend to the more serious and lasting liaison, which undermined the marital foundation. The court considered the financial and emotional contributions of both parties, particularly the respondent's support during the appellant's medical studies and her role in the growth of his medical practice. The court held that the requirements for divorce under the Divorce Act 70 of 1979 were satisfied and that the joint estate should be divided...

Court Disposition

The appeal was dismissed and the divorce was granted under the Divorce Act 70 of 1979.

Orders

  • The marriage between the appellant and respondent is dissolved.
  • The joint estate is to be divided equitably between the parties.