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A Gauteng woman has obtained a court order barring her soon-to-be ex-husband from receiving 50 per cent of their joint estate, despite the couple being married in community of property, after the court found that he subjected her to prolonged physical and financial abuse.
Delivering judgment at the Pretoria High Court, Judge Noluntu Bam ruled that the husband had failed to contribute to the welfare of his family or the maintenance of the household throughout the marriage. The court found that he left his employment, received pension benefits he could not account for, and struggled with substance abuse for much of the relationship.
“The evidence paints a clear picture that the defendant abused drugs and alcohol, physically, mentally and emotionally abused his wife, and allowed an untenable situation where the plaintiff single-handedly supported the family,” Judge Bam said.
The judge further noted that the husband evaded responsibility and failed to account for his pension resignation benefits, concluding that he would be unfairly enriched if a forfeiture order were not granted.
“I am satisfied that the defendant must forfeit the benefits arising from the parties’ marriage in community of property,” she ruled.
The woman filed for divorce after enduring years of abuse. In her testimony, she detailed repeated incidents of violence and degrading treatment, and presented evidence of protection orders she had obtained against her husband over the years.
The court heard that the abuse escalated in June 2014, when the man assaulted the woman inside a vehicle, leaving her with serious injuries that required surgery. He was subsequently arrested, charged and sentenced to five years’ imprisonment for assault.
Following his release from prison, the woman proceeded with divorce proceedings. She told the court that she had been the sole financial provider for the family, as her husband was unable to maintain steady employment due to substance abuse.
Evidence also showed that the husband failed to meet agreed financial obligations, including municipal rates, resulting in arrears of about R400,000. The woman testified that she now pays R7,000 per month to reduce the debt.
The court further heard that the husband took half of a R200,000 loan secured against the family home to start a transport business, but the vehicle purchased was later lost under unclear circumstances. Additionally, the woman took out a loan to fund his training as a cabin crew member, but his employment with Mango Airlines was short-lived.
Judge Bam ultimately ruled that the husband must forfeit all benefits arising from the marriage in community of property and ordered that the couple’s Eesterus home be registered solely in the woman’s name.
