Provisional sequestration ordered over maintenance failings
The Gauteng High Court (Pretoria) has ordered a provisional sequestration of a man who owes more than R500k in arrears maintenance to his former wife.
The Star reports that before they divorced in 2018, the court ordered Mr M to pay monthly maintenance of R42 500 to his wife.
He fell into arrears in 2018 and the amount owed to Mrs M rose to R564 700, after which she issued a warrant of execution against him for non-payment.
However, the sheriff of the court was told he had no immovable assets which could be attached.
Mrs M subsequently applied for a provisional sequestration order against her former husband.
She said that to her knowledge, her husband owned shares in a family trust and business, amounting to about R6m.
He said his sequestration would not benefit his former wife as he would lose his directorship and would thus have no income to pay her in future.
However, Judge Nicolene Janse van Nieuwenhuizen said Mr M was a qualified architect and practised as such, and he would be in a position to earn an income, even if his estate was provisionally sequestrated.
Mr M will, at a later stage, have to provide reasons why he should not be declared bankrupt.
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.