Court dismisses husband seeking quick divorce

THE South Gauteng High Court in Johannesburg has refused an application by a husband seeking an immediate divorce without first resolving the division of a substantial joint estate, holding that a marriage in community of property cannot be dissolved independently of its proprietary consequences.

- SINENHLANHLA MASILELA

The applicant, identified in court papers as TSY, approached the court asking for a separation of issues in his long-running divorce from his wife, LEY.

The couple married in 1989 in community of property and share a single joint estate. Although they separated in 2011 and both agree that the marriage has irretrievably broken down, disputes over maintenance and the division of assets have stalled the proceedings since 2024.

LEY counterclaimed for maintenance to the tune of R150 000 every month, which was to be index-linked and adjusted accordingly each year. She also sought the appointment of a receiver and liquidator to divide the joint estate. TSY denied that LEY was entitled to any maintenance and opposed the appointment of a receiver and liquidator.