Wife seeks equitable fair share of husband's assets after years of support

THE court gave a divorcing woman, who is married to her husband out of community of property, the green light to claim her share of her husband’s estate, which she said she had helped build over the years through emotional support, raising the children and helping run the family lodge, without ever being paid.

- ZELDA VENTER

The woman turned to the Mpumalanga High Court, sitting in Mbombela, in a bid to amend her claim during the divorce proceedings to include a redistribution order. The couple are, however, are married out of community of property, excluding the accrual system, in terms of an antenuptial contract.

The woman said she has contributed for nearly two decades to her husband’s estate, without even being formally recognised. As her marriage contract excludes accrual, she is not automatically entitled to anything.

Her husband vehemently objected to her being allowed to amend her claim, and he forwarded several technical reasons, such as that her request was made outside of the provided time to do so. He also said that now claiming what she deemed to be her share would prejudice him.