G.C.L v T.P.L (14148-2020) [2024] ZAGPJHC 1205 (22 November 2024)

Dear Member

Please see the attached judgment from the Johannesburg High Court by Modiba J.

The parties were married in community of property and their marriage still exists, but their relationship has irretrievably broken down. The respondent left the matrimonial home in August 2018, while the applicant remains there. There are two adult children from the marriage. The respondent filed for divorce in July 2020, seeking a divorce decree, forfeiture of marital benefits, and legal costs. The applicant defends the divorce, requesting division of the joint estate and costs. The applicant has not set the application for hearing nor withdrawn it. She has filed an amended notice of motion, seeking leave to submit a supplementary founding affidavit, arguing that the respondent’s maintenance contributions are insufficient.

The court finds issues with the applicant’s claim, as she has not provided specific details regarding the change in her circumstances. She delayed pursuing the application for over two years, which supports the respondent’s argument that his contributions are adequate. The applicant claims the respondent and his girlfriend live a lavish lifestyle, but does not contend that the respondent is failing to maintain her to the standard of their marriage. The respondent is maintaining her as per her original demands. The applicant’s financial difficulties are due to her own actions, including running an unprofitable business. She has not proven a legal right for the respondent to cover her increased liabilities or contribute to legal costs.

The application is dismissed with costs.

G.C.L v T.P.L (14148-2020) [2024] ZAGPJHC 1205 (22 November 2024)

2025-01-31T09:38:14+00:002025/01/31|Uncategorized|
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