T.E v V.E (2023/021747) [2024] ZAGPJHC 91 (2 February 2024)

Parties

Procedural Posture

Urgent Application / Rule 43 Interim Relief Pending Divorce

Legal Issues

1. 1 What interim arrangements should be made regarding the care, residence, and contact of the minor children pending final divorce proceedings.
2. 2 What is an appropriate level of interim maintenance for the respondent and minor children.
3. 3 Whether the applicant should contribute to the respondent's legal costs for the main action.

Ratio Decidendi

The court found that both parties agreed to defer to experts regarding the children's best interests and ordered a forensic assessment to be conducted by Ms. Tanya Kriel and Ms. Sharon Maynard, with the applicant liable for the costs. Interim maintenance was determined by balancing the respondent's claimed expenses against the applicant's financial capacity, resulting in maintenance orders that were higher than the applicant's tender but lower than the respondent's claims. The respondent was awarded a contribution to legal costs based on parity with the applicant's own expenditure, but the amount was adjusted to a realistic figure. The court ordered that the minor children's primary...

Court Disposition

Interim relief granted by consent and court amendment: forensic assessment ordered, maintenance and legal cost contributions determined, contact and residence arrangements set, each party to pay own costs.

Orders

• Ms. Tanya Kriel and Ms. Sharon Maynard to conduct a full forensic assessment regarding the best interests of the minor children, commencing after sale of the former matrimonial home or sooner if affordable.
• Both parties to cooperate fully with the assessment and provide all necessary documentation and consents.