Judge rules abusive and neglectful husband forfeits rights to joint estate

A Gauteng woman has secured a court order preventing her soon-to-be ex-husband from receiving 50% of their joint estate, despite the couple being married in community of property, after the court found he had subjected her to prolonged physical and financial abuse.Delivering judgment at the Pretoria High Court, South Africa, Judge Noluntu Bam ruled that the evidence showed the husband had failed to contribute to the welfare of his family or the maintenance of the household. The court also noted that he left his job, 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 allowed an untenable situation where the plaintiff single-handedly supported the family, Bam said.The judge added that the husband evaded responsibility and failed to account for his pension resignation benefits, concluding that he would unfairly benefit if a forfeiture order was 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 filed for divorce after years of abuse. In her testimony, she detailed repeated incidents of violence and degrading treatment during the marriage. She also presented evidence of protection orders she had obtained against her husband over the years.The court heard that matters escalated dramatically 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 later arrested, charged, and sentenced to five years imprisonment for assault.Following his release from prison, the woman proceeded with divorce proceedings. She told the court that she had been the sole financial provider for the family, as her husband was unable to keep steady employment due to substance abuse issues.Evidence also showed that the husband failed to meet agreed financial obligations, including municipal rates, leaving arrears of about R400,000. The woman testified that she now pays R7,000 monthly 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. In addition, the woman took out a loan to fund his training as a cabin crew member, but his employment with Mango Airlines was short-lived.Judge Bam ruled that the husband must forfeit all benefits arising from the marriage in community of property. The court also ordered that the couples Eesterus home be registered solely in the womans name.The post Judge rules abusive and neglectful husband forfeits rights to joint estate appeared first on Linda Ikeji Blog.