T.J.M v K.J.M and Another (11409/2022) [2025] ZAGPPHC 253 (3 March 2025)

T.J.M v K.J.M and Another (11409/2022) [2025] ZAGPPHC 253 (3 March 2025)

The court found that the plaintiff did not contribute to the repayment of the bond or the accumulation of the pension interest during the marriage. Awarding him a share of these assets would result in undue benefit and unfairness to the first defendant. The maintenance claim for the minor child was abandoned due to the plaintiff's unemployment and lack of means, but the legal duty of maintenance remains should his financial circumstances change. The settlement agreement reached by the parties on other issues was found to be fair and was made an order of court. Accordingly, the plaintiff was ordered to forfeit any benefit in respect of the pension interest and the share of the immovable...

Citation
[2025] ZAGPPHC 253
Parties
Plaintiff: T[...] J[...] M[...]; Defendant: K[...] J[...] M[...]; Defendant: THE GOVERNMENT EMPLOYEES PENSION FUND
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 March 2025
Case Number
11409/2022
Procedural Posture
Divorce Action / Final Judgment
Outcome
Decree of divorce granted. Plaintiff ordered to forfeit benefit in respect of pension interest and share of immovable property. Settlement agreement made order of court. No order as to costs.
Judges
Moshoana
Legal Topics
Divorce Forfeiture, Pension Interest, Division of Joint Estate, Maintenance of Minor Child
Family and Children Divorce Forfeiture Pension Interest Division of Joint Estate Maintenance of Minor Child

Case Brief

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Parties

T[...] J[...] M[...]

Plaintiff

K[...] J[...] M[...]

Defendant

THE GOVERNMENT EMPLOYEES PENSION FUND

Defendant

Procedural Posture

Divorce Action / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff should forfeit his share of the pension interest and immovable property acquired during the marriage.
  2. 2 Whether a maintenance order should be granted in favour of the minor child given the plaintiff's unemployment.
  3. 3 Whether the settlement agreement between the parties should be made an order of court.

Ratio Decidendi

The court found that the plaintiff did not contribute to the repayment of the bond or the accumulation of the pension interest during the marriage. Awarding him a share of these assets would result in undue benefit and unfairness to the first defendant. The maintenance claim for the minor child was abandoned due to the plaintiff's unemployment and lack of means, but the legal duty of maintenance remains should his financial circumstances change. The settlement agreement reached by the parties on other issues was found to be fair and was made an order of court. Accordingly, the plaintiff was ordered to forfeit any benefit in respect of the pension interest and the share of the immovable...

Court Disposition

Decree of divorce granted. Plaintiff ordered to forfeit benefit in respect of pension interest and share of immovable property. Settlement agreement made order of court. No order as to costs.

Orders

  • The decree of divorce is granted.
  • The settlement agreement marked X is made an order of court.