A husband has rushed to court to seek a divorce order, which would clear the way for a move to Dubai with the new love in his life.

The Pretoria News reports that the husband turned to the Gauteng High Court (Pretoria) asking for an urgent divorce order.

The couple are at loggerheads about the division of their joint estate and maintenance for their child. But the husband argued these issues could be ironed out after the divorce has been granted.

However, he will have to wait as the court turned down his application.

The parties are involved in divorce proceedings, and the disputes in the divorce proceedings include unbundling the parties’ financial affairs, which the court said should first be done before a divorce order is granted.

The husband, in his application to separate these issues, said he has met a new partner and fathered a one-year-old child with his new partner.

He has moved to Dubai and wants her and the child to join him and live as a family there.

However, whilst he remains married to the respondent, it is difficult to obtain visas for his partner and the child. The laws of Dubai do not permit that type of cohabitation while he is still legally married to the respondent.

Giving the reasons for refusing his application, Acting Judge I de Vos noted the applicant has no intention of returning to SA in the foreseeable future and intends to apply for permanent residency and citizenship at the first available opportunity.

His immigration has consequences for the unresolved divorce proceedings as it affects the court’s territorial jurisdiction over him. 

De Vos said once the husband got what he wanted there would be no motivation for him to attend court proceedings to finalise the remainder of the issues in dispute.

Thus, notes the Pretoria News, before starting his new life with his new family abroad, the husband will first have to finalise all aspects of his divorce in SA.

Full Pretoria News report