Judgment from the Bloemfontein High Court regarding forfeiture of patrimonial benefits. In this matter, the Court confirmed that a party does not have to prove the presence of each and every factor in section 9(1) of the Divorce Act, the presence of one factor is sufficient to make application for the court to make an order for forfeiture. However, the party claiming forfeiture must prove that the other party would unduly benefit from sharing in the patrimonial benefits of the marriage.
The Court further confirmed that the finding of substantial misconduct, such as adultery, does not on its own justify a forfeiture claim. In light of the forementioned, the Court did not grant the prayer for forfeiture of patrimonial benefits, as the party claiming forfeiture failed to prove that the other party would be unduly benefit from sharing in the patrimonial benefits of the marriage.