M.F.B v J.B (5674-2016) [2024] ZALMPPHC 7 (24 January 2024)

Divorce judgment from the Polokwane High Court. The parties were married in community of property and the defendant claimed forfeiture. The parties had been married since 1992 but had not lived together as husband and wife since 2014. The court held that based on Matyila v Matyila, it was a marriage of long duration. The defendant claimed the plaintiff was involved in an extramarital affair but could not prove same. The plaintiff testified that the marriage broke down due to the defendant’s physical abuse, which led to her obtaining a final protection order. The defendant testified that the plaintiff withdrew he pension fund and did not use the monies for the benefit of the joint household, but he did not plead this on the papers. Accordingly the claim for forfeiture failed.

M.F.B v J.B (5674-2016) [2024] ZALMPPHC 7 (24 January 2024)

2024-03-03T15:48:12+00:002024/03/03|Uncategorized|
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