W v W and Others (282/2018) [2018] ZAFSHC 44 (26 April 2018)

W v W and Others (282/2018) [2018] ZAFSHC 44 (26 April 2018)

The applicant failed to quantify the value of her accrual claim and did not provide sufficient evidence that the first respondent intended to squander assets with the purpose of leaving her with a hollow judgment. The transfer of funds to the first respondent's brother was not proven to be dissipation intended to defeat the applicant's claim, and the existence of immovable properties further undermined the apprehension of irreparable loss. The applicant's right is a claim for payment, not for transfer of assets, and she did not establish the necessary grounds for confirmation of the interim order. Accordingly, the provisional order was uplifted. However, the first respondent's conduct in...

Citation
[2018] ZAFSHC 44
Parties
Applicant: S. S. I. I. W.; Respondent: R. R. W.; Respondent: Government Employees Pension Fund; Respondent: ABSA Bank Ltd
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
26 April 2018
Case Number
282/2018
Procedural Posture
Urgent Application / Extended Return Date of Rule Nisi; Application for Confirmation of Interim Relief Pending Divorce Proceedings
Outcome
Application for confirmation of interim order dismissed; provisional order uplifted; costs awarded against first respondent.
Judges
C Reinders
Legal Topics
Matrimonial Property Act, Accrual System, Anti Dissipation Interdict, Divorce Proceedings, Costs Order
Family and Children Civil Procedure Matrimonial Property Act Accrual System Anti Dissipation Interdict Divorce Proceedings Costs Order

Case Brief

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Parties

S. S. I. I. W.

Applicant

R. R. W.

Respondent

Government Employees Pension Fund

Respondent

ABSA Bank Ltd

Respondent

Procedural Posture

Urgent Application / Extended Return Date of Rule Nisi; Application for Confirmation of Interim Relief Pending Divorce Proceedings

Legal Issues

  1. 1 Whether the applicant is entitled to preservation of fifty percent of the first respondent's pension benefit pending finalisation of divorce proceedings.
  2. 2 Whether the applicant has established a well-grounded apprehension of irreparable loss justifying anti-dissipation relief.
  3. 3 Whether the conduct of the first respondent constitutes squandering of assets intended to defeat the applicant's accrual claim.

Ratio Decidendi

The applicant failed to quantify the value of her accrual claim and did not provide sufficient evidence that the first respondent intended to squander assets with the purpose of leaving her with a hollow judgment. The transfer of funds to the first respondent's brother was not proven to be dissipation intended to defeat the applicant's claim, and the existence of immovable properties further undermined the apprehension of irreparable loss. The applicant's right is a claim for payment, not for transfer of assets, and she did not establish the necessary grounds for confirmation of the interim order. Accordingly, the provisional order was uplifted. However, the first respondent's conduct in...

Court Disposition

Application for confirmation of interim order dismissed; provisional order uplifted; costs awarded against first respondent.

Orders

  • The provisional order dated 24 January 2018 is uplifted.
  • The first respondent is ordered to pay the costs, including the costs of 22 February 2018.