Mother wins right to file for divorce while living in the Netherlands

A MOTHER, who wants to return to Cape Town from the Netherlands after moving there in an attempt to salvage her marriage, will be able to conduct her divorce proceedings through the Western Cape High Court after the court granted her application.

- CHEVON BOOYSEN

The couple moved to the Netherlands earlier this year, but due to the breakdown in their marriage, the wife, under the arrangement of living in the new country for a trial period, instituted divorce proceedings in the Western Cape High Court in April.

Having gone on a number of international vacations with the wife's family, the court heard that after a family holiday in Mauritius, one of the issues that bedevilled the couple's relationship was a letter written by the husband to the wife's extended family.

The wife described the content of those letters as “vile”, “vicious”, and “hideous”.

The divorce proceedings were opposed by the husband, who raised a special plea in abatement (procedural objection) that the court lacked jurisdiction in the divorce proceedings on the basis that the couple and their daughter have since January, been living in the Netherlands.

Essentially, he was attempting to have the case dismissed or postponed on technical grounds to try to move proceedings to a different court or jurisdiction.