Judge orders husband to pay cost of ‘acrimonious’ divorce’
An accrual calculation has been cited as one of the contributing factors to what the Gauteng High Court (Johannesburg) has described as ‘protracted and acrimonious’ divorce proceedings.
The couple instituted divorce proceedings in January 2014, and the matter was set down for trial on multiple occasions.
The court set another date for 31 August 2026, reports The Citizen. The wife approached the court seeking a further contribution towards her legal costs to enable her to prepare for the trial.
The husband opposed the application and brought a counter-application seeking maintenance and a contribution towards his own trial costs, along with other ancillary relief.
The counter-application raised the further question whether the husband, who appears on the papers to be the wealthier of the spouses, can plausibly claim maintenance from the wife.
The wife described her financial position as ‘dire’, saying she had no assets to fund the litigation. She accused the husband of not disclosing assets and income. The husband sought to have the wife’s application struck from the roll for want of urgency, alternatively, to be dismissed with costs on the attorney-and-client scale.
He also brought a counter-application seeking an order that the wife pay him maintenance pendente lite of R30 000 per month from 1 August 2026 and that the wife pay R179 600 towards his costs of the trial.
Acting Judge Ntombizanele Ndlokovane found that the wife provided detailed monthly expenses and earnings, unlike the husband, who did not fully disclose.
‘The respondent professes to be unemployed and claims his only source of income is rental. The respondent’s bank statements, as analysed by the applicant, show unexplained deposits totalling more than R5.9m between 2020 and 2022.
'He has received an inheritance from his late mother’s estate. He has a Body 20 franchise, a property in the UK and a flat in Cape Town. The respondent has a watch collection and lent R2.9m to his girlfriend, interest-free, without adequately explaining the source of those funds.'
The judge found the husband’s maintenance and legal fee claims without merit, according to The Citizen.
He was ordered to pay the costs of the divorce trial, R670 000, into the trust account of the wife’s attorneys of record.
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.
