A wealthy British woman has been instructed by the Johannesburg High Court to divide her assets, including those purchased with her own money, with her South African husband during their divorce proceedings.
The wife, who sought a divorce and requested a forfeiture of assets, claimed that her husband, who is 17 years her junior, had contributed nothing to their shared estate. The couple met in Namibia in 2014, and by 2015, the husband had stopped working. They moved to South Africa to start a new life together.
In 2016, they married in community of property. The wife, who had already sold property in Namibia to purchase their home in Auckland Park, Johannesburg, was the primary financial contributor to their joint estate.
Background of the Marriage and Divorce
The couple’s relationship began to deteriorate after their marriage. The wife described the husband as emotionally and verbally abusive, claiming he showed no affection toward her and failed to contribute to their household. After moving back to the UK in 2018, the wife continued to support the property by paying for its upkeep, including gardening and pool maintenance. Meanwhile, her husband remained in the marital home, collecting rent from the cottage while not paying for the house’s maintenance.
In her divorce application, the wife also revealed that the husband had withdrawn over R1 million from a joint investment account without her consent, funds she had intended to use as part of her retirement savings.
Husband’s Response and Counterclaims
In his defense, the husband acknowledged that there had been some arguments but denied all claims of abuse. He argued that the wife was the controlling one in the relationship, claiming she used her wealth to manipulate him. The husband also stated that the wife had encouraged him to leave his job in Namibia to start a business, which ultimately failed to generate expected profits.
He further argued that the assets, including the Audi Cabriolet and the family home, should belong to him, as he had been responsible for their upkeep since his wife left in 2018. He also requested that his wife forfeit her share of the house and the Audi, asserting that they were gifts or items that had not been properly maintained by her.
Court’s Ruling
Acting Judge JL Bhengu rejected the husband’s counterclaim, emphasizing that he had taken responsibility for maintaining the property and vehicles during his wife’s absence. The husband had paid for repairs, insurance, and security services, ensuring the house remained in good condition. The judge stated that had the husband not taken these steps, the property would have fallen into disrepair.
Ultimately, the judge ruled in favor of dividing the couple’s joint estate, ordering the husband to repay the over R1 million withdrawn from the investment account. Both parties were also ordered to cover their own legal costs.
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