V v V and Another (3775/2015) [2015] ZAFSHC 247 (10 December 2015)

V v V and Another (3775/2015) [2015] ZAFSHC 247 (10 December 2015)

The court found that the applicant had established sufficient grounds for the amendment of the deed of settlement incorporated into the divorce order. The evidence, including correspondence between the parties and their attorneys, demonstrated a mutual intention to amend the settlement to facilitate the payment of the accrual from the first respondent’s pension fund directly to the applicant, in line with legislative changes and the clean break principle. The court held that public policy and the best interests of the minor child justified the variation, especially as the trust arrangement would unnecessarily deplete the accrual due to administrative costs. The application to strike out...

Citation
[2015] ZAFSHC 247
Parties
Applicant: N. H. (Previously V.); Respondent: V. D. V.; Respondent: Government Employee Pension Fund (GEPF)
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
10 December 2015
Case Number
3775/2015
Procedural Posture
Urgent Application / Application for Amendment of Divorce Settlement and Interlocutory Application to Strike Out Portions of Affidavit
Outcome
Application to amend the deed of settlement granted; interlocutory application to strike out dismissed with costs.
Judges
Bokwa
Legal Topics
Variation of Divorce Order, Best Interests of Child, Striking Out Scandalous Matter, Clean Break Principle, Trust Creation for Minor, Accrual System
Family and Children Civil Procedure Variation of Divorce Order Best Interests of Child Striking Out Scandalous Matter Clean Break Principle Trust Creation for Minor Accrual System

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Parties

N. H. (Previously V.)

Applicant

V. D. V.

Respondent

Government Employee Pension Fund (GEPF)

Respondent

Procedural Posture

Urgent Application / Application for Amendment of Divorce Settlement and Interlocutory Application to Strike Out Portions of Affidavit

Legal Issues

  1. 1 Whether the applicant has made out a case for amending the written settlement agreement of divorce which was made an order of the Court.
  2. 2 Whether the first respondent made out a case in law for the striking out of certain averments contained in the applicant’s replying affidavit in terms of Rule 6(15) of the Uniform Rules of Court.

Ratio Decidendi

The court found that the applicant had established sufficient grounds for the amendment of the deed of settlement incorporated into the divorce order. The evidence, including correspondence between the parties and their attorneys, demonstrated a mutual intention to amend the settlement to facilitate the payment of the accrual from the first respondent’s pension fund directly to the applicant, in line with legislative changes and the clean break principle. The court held that public policy and the best interests of the minor child justified the variation, especially as the trust arrangement would unnecessarily deplete the accrual due to administrative costs. The application to strike out...

Court Disposition

Application to amend the deed of settlement granted; interlocutory application to strike out dismissed with costs.

Orders

  • The application to strike out is dismissed with costs.
  • The Deed of Settlement between the applicant and first respondent is amended by substituting Clause 3.4 with the specified wording regarding payment from the Government Employee Pension Fund.