M v M (022/2022)
M v M (022/2022) [2023] ZASCA 75 (26 May 2023)
The Supreme Court of Appeal found that the full court misdirected itself by raising condonation and waiver issues mero motu, which were neither pleaded nor ventilated at trial. The evidence established that the respondent engaged in a prolonged extramarital affair, misappropriated joint estate assets for the benefit of Eva, and failed to contribute meaningfully to the joint estate. The applicant did not condone the respondent's misconduct, and her refusal of conjugal rights was justified by health concerns. The respondent's conduct constituted substantial misconduct, and the applicant made si…
Source excerpt
- Divorce Act Section 9
- Partial Forfeiture Of Benefits
- Substantial Misconduct
- Division Of Joint Estate
- Pension Interest
- Condonation And Waiver