Pretoria - A former director in a government department has scored a partial victory against her former husband's estate - half of his property at an upmarket Centurion estate, worth R2.9 million.
The woman, who cannot be identified as she and her husband were entangled in a bitter divorce, wanted half of her husband's assets, including several multi-million rand properties and luxury and sports cars.
But Pretoria High Court Judge Jody Kollapen, said given the short duration of their marriage - about a year and a half - she was only entitled to half of one of the properties. The husband had accumulated most of his wealth before he married the woman. She, herself, owned a multi-million rand property on the outskirts of Pretoria.
The woman earlier scored a first round victory over her husband, when he disputed that they were married in terms of customary law - the court had found that their marriage was legally binding and that they should be regarded as being married in community of property.
Following that victory, the woman demanded half his assets. She claimed he was to blame for their break-up as he often came home late at night under the influence of alcohol.
She also once found condoms in his briefcase and a cashier's slip for these items. He in turn blamed her for not cooking him meals or properly taking care of her daughter from a previous marriage. Their problems were ongoing; not even the intervention of family elders could solve their disputes, the court heard.
The man eventually moved out after burning all their wedding pictures. Blaming her husband for often being absent, the woman admitted he provided adequately for the family. She also said he was not violent, but did throttle her once during an argument on Valentine's Day.
Judge Kollapen said it was not in dispute that the husband acquired all of the assets of the joint estate from his own resources before they got married in May 2011. "It would be relatively easy with the benefit of hindsight to contend that a family regime characterised by a level of predictability should be the hallmark of all marriages. However, reality and the demands of work may not always make this possible.
"People at the high end of the employment ladder often work long and late hours and make additional sacrifices to remain successful."
Judge Kollapen said one could not say there was substantial misconduct by the husband, as both led busy lives. The condom issue was a once off and only a suspicion, he said, while the throttle and burning of pictures came after an argument. Given the short marriage, the woman could not unduly benefit.
He also took into account that the woman is now furthering her studies abroad and expected to soon resume employment at an even higher level.
Pretoria News