Kritzinger v Kritzinger (52/87)
Kritzinger v Kritzinger (52/87) [1988] ZASCA 91; [1989] 1 All SA 325 (A) (16 September 1988)
The Supreme Court of Appeal held that the appellant made substantial, direct financial contributions to the acquisition and improvement of the common home, far exceeding those of the respondent. The respondent's alleged career sacrifice did not constitute a contribution within the meaning of section 7(4) of the Divorce Act, as it was not a positive act that caused an increase in the appellant's estate. The Court found no conspicuous disparity in fault between the parties and held that fault should not be a significant factor in the proprietary claims. The trial court erred by adopting a globu…
Source excerpt
- Divorce Act Section 7
- Redistribution Order
- Contribution To Estate
- Fault In Divorce
- Division Of Assets