A Gauteng woman has obtained a court order barring her soon-to-be ex-husband from receiving 50% of their joint estate, despite their marriage being in community of property, after the court found that he subjected her to prolonged physical and financial abuse.
Handing down judgment at the Pretoria High Court, Judge Noluntu Bam ruled that the evidence showed the husband failed to contribute to the welfare of his family or the maintenance of the household. The court noted that he left his employment, received pension benefits he could not account for, and struggled with substance abuse throughout the marriage.
“The evidence paints a clear picture that the defendant abused drugs and alcohol, physically, mentally and emotionally abused his wife, and created an untenable situation in which the plaintiff single-handedly supported the family,” Judge Bam said.
The judge further found that the husband consistently evaded responsibility and failed to account for his pension resignation benefits, concluding that he would be unfairly enriched if a forfeiture order were not granted.
“I am satisfied that the defendant must forfeit the benefits arising from the parties’ marriage in community of property,” Bam ruled.
The woman approached the court for a divorce after enduring years of abuse. In her testimony, she detailed repeated incidents of violence and degrading treatment, and submitted evidence of multiple protection orders obtained against her husband over the course of the marriage.
The court heard that the situation escalated in June 2014 when the man assaulted the woman during an incident in a vehicle, leaving her with serious injuries that required surgery. He was subsequently arrested, charged and sentenced to five years’ imprisonment for assault.
Following his release from prison, the woman proceeded with divorce proceedings, telling the court that she had been the family’s sole financial provider, as her husband was unable to maintain steady employment due to ongoing substance abuse.
Evidence also showed that the husband failed to meet agreed financial obligations, including municipal rates, resulting in arrears of approximately R400,000. The woman testified that she currently pays R7,000 per month to reduce the debt.
The court further heard that the husband took half of a R200,000 loan secured against the family home to start a transport business, but the vehicle purchased was later lost under unclear circumstances. Additionally, the woman took out a loan to fund his training as a cabin crew member, although his employment with Mango Airlines was short-lived.
Judge Bam ultimately ordered that the husband forfeit all benefits arising from the marriage in community of property and ruled that the couple’s Eesterus home be registered solely in the woman’s name.
