Wife denied assets on duration of marriage ruling
A woman married in community of property was not entitled to half her wealthy husband’s assets as the marriage had lasted only 20 months, the Gauteng High Court (Pretoria) has ruled.
According to a Beeld report, the woman forfeited all her matrimonial benefits except 50% of the net value of one of the husband’s three houses.
Judge Jody Kollapen decided both parties were to blame for the end of the marriage, which had been ‘characterised by conflict’. He did not find substantial misconduct by either party, but ruled that the forfeiture was justified on the sole ground of the duration of marriage.
The court held that the man had used his own resources to acquire the assets in the common estate. The longer a marriage lasted, the more likely it became that halving the common estate would be appropriate and proportional, Kollapen held.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
