A woman who was fed-up with her husband’s lack of ambition for not studying further to improve his earning capacity as well as his alleged infidelity, failed in a legal bid for him to forfeit his share of their house and other benefits upon divorce.

A Pretoria News report says the woman – who has a prominent position in local government – said during their marriage she managed to obtain several further degrees, found good jobs and contributed far more financially than the husband.

This, while her husband was satisfied with his Bachelor’s degree in education.

The woman told the Limpopo High Court (Polokwane) she holds several postgraduate qualifications and a Master’s degree, whereas her husband had not progressed beyond the BEd.

He once enrolled for his Honours degree, but gave up.

The basis for forfeiture was that her husband was not making a meaningful contribution to the joint estate, says the Pretoria News report.

This was denied by the husband, who said he did do some handiwork and was solely responsible for the gardening. He also testified that he did contribute towards the bond, except during the years he was not working.

Acting Judge MS Sikhwari said there was no evidence the husband did not contribute to the family’s finances within his capacity, given the fact that he did earn much less than his wife.

The judge also ruled that the husband’s failure to improve his academic qualification was an irrelevant factor, especially when one took into account the fact that he did try to do an Honours degree although he did not go far.

‘Not all of us are academics, but that does not make those who have no interests in academic qualifications to be mulcted with forfeiture if married to a spouse who is an academic achiever of some note,’ the judge said.

The court also found there was no evidence to prove the husband’s infidelity.

The wife’s forfeiture application was thus turned down.

Full Pretoria News report in The Star

Judgment