Van Der Westhuizen v Van Der Westhuizen (55831/08) [2011] ZAGPPHC 30 (28 March 2011)

Van Der Westhuizen v Van Der Westhuizen (55831/08) [2011] ZAGPPHC 30 (28 March 2011)

The court found that the marriage had irretrievably broken down and that the defendant was entitled to maintenance to maintain, as far as possible, the standard of living enjoyed during the marriage. The plaintiff is extremely wealthy and able to pay substantial maintenance. The defendant's earning capacity is precarious and dependent on the plaintiff's goodwill, making her future income uncertain. The court rejected the argument that the ante-nuptial contract limited the defendant's maintenance entitlement. The plaintiff's conduct in ending the marriage was found to be callous and cruel, and his failure to testify justified adverse inferences. The defendant is entitled to a lump sum to...

Citation
[2011] ZAGPPHC 30
Parties
Plaintiff: JFH Van Der Westhuizen; Defendant: AJ Van Der Westhuizen
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 March 2011
Case Number
55831/08
Procedural Posture
Divorce Action / Final Judgment
Outcome
Divorce granted; maintenance awarded to defendant; costs awarded to defendant.
Judges
B.R. Southwood
Legal Topics
Maintenance After Divorce, Quantum of Maintenance, Standard of Living Post Divorce, Ante Nuptial Contract, Escalation of Maintenance
Family and Children Maintenance After Divorce Quantum of Maintenance Standard of Living Post Divorce Ante Nuptial Contract Escalation of Maintenance

Case Brief

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Parties

JFH Van Der Westhuizen

Plaintiff

AJ Van Der Westhuizen

Defendant

Procedural Posture

Divorce Action / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff should be ordered to pay maintenance to the defendant.
  2. 2 What amount should be paid to enable the defendant to purchase household necessaries for a new home.
  3. 3 What amount should be paid to the defendant in monthly instalments to support herself.

Ratio Decidendi

The court found that the marriage had irretrievably broken down and that the defendant was entitled to maintenance to maintain, as far as possible, the standard of living enjoyed during the marriage. The plaintiff is extremely wealthy and able to pay substantial maintenance. The defendant's earning capacity is precarious and dependent on the plaintiff's goodwill, making her future income uncertain. The court rejected the argument that the ante-nuptial contract limited the defendant's maintenance entitlement. The plaintiff's conduct in ending the marriage was found to be callous and cruel, and his failure to testify justified adverse inferences. The defendant is entitled to a lump sum to...

Court Disposition

Divorce granted; maintenance awarded to defendant; costs awarded to defendant.

Orders

  • A decree of divorce is granted.
  • The plaintiff is ordered to pay the defendant R275,601 within 10 days for household necessaries to establish a new home.