The Western Cape High Court has ordered a wealthy businessman who refused to provide support to his wife pending their divorce action to pay her maintenance and R1m for her legal costs.

A TimesLIVE report says the woman brought a Rule 43 application seeking spousal and children’s maintenance while divorce proceedings were ongoing, a contribution to legal costs, return and delivery of furniture and household goods, and a payment in respect of electronic household appliances.

The man claimed he did not have parental rights and responsibilities in respect of his wife’s children from a previous marriage.  He also said he did not have a legal duty to maintain them nor did he undertake or promise to maintain them.

The woman’s case was that her children had become accustomed to a high standard of living in the last eight years of the marriage. She said her children were devoted to her husband, formed a strong bond with him and his withdrawal from their lives had caused undue trauma. Her husband never withheld any financial support from her and her children and regularly spoilt them with only the best, she said.

‘They went on luxury holidays, including overseas holidays, lived in a beautiful, large house valued at a minimum of R10m, drove luxury cars and the children attended private schools,’ noted Judge Daniel Thulare in his judgment.

Thulare said that based on the facts before him, the parties formed a new family.

‘The children were part of that family and lived at the parties’ common home in a golf estate, which was a spacious home.’

Thulare said the man provided financial support and presented to the children, the extended family members and the world that he was responsible as a parent of the children.

The woman said the total expenditure for her and the children was R82 974 and less her monthly income of R42 275, the shortfall was R40 699.

According to the TimesLIVE report, she claimed she was not in a financial position to support herself and the children. The husband said he had only household goods and furniture and a Toyota Land Cruiser worth about R950 000 in his name.

He said he had no other assets and his three current accounts were overdrawn. He had no direct or indirect beneficial interest though he was a director of several companies.

The judge said ‘it is difficult to accept the mere say so’ of the husband.

Thulare ordered the man to pay R40 000 to the woman every month, keep the woman’s children as dependants on his comprehensive medical aid scheme and pay all her children’s medical expenses not covered by his medical aid.

In addition, Thulare ordered him to pay the woman’s rent, limited to R35 000 per month, and also water and electricity for the rental property, wifi, security, a domestic worker’s salary, a gardener’s salary, a car vehicle instalment and golf course membership fees.

He ordered the man to make a R1m contribution towards his wife's legal costs.

Full TimesLIVE report

Judgment