A woman who was married to a man 39 years her senior will not benefit from their community of property agreement, the Free State High Court has ordered.
In 2017 she bought a property and though they were meant to live together there, they were often estranged.marriage in October 2019, they lived separately until January 2020, when she and the child moved into the property where her husband resided. The man had suggested they could reduce their expenses by cohabiting.
The woman didn't want to live at his house because it was in a complex and she owned a luxury, stand-alone property, which she and the child returned to in November 2020. In divorce proceedings, the man said he had always maintained the child financially and continued to spend time and interact meaningfully with the youngster.action required an assessment of respective contributions made by the parties at the commencement of the marriage and during the course thereof.
Though the woman sought an order for the division of the joint estate, much of the focus was on the husband’s R5m living annuity, the court said, adding that there“Upon a narrow consideration of this asset alone, clearly it was established that the [woman] would benefit by an equal division of this asset.”The court said for the duration of the time the parties lived together and while they were married, the evidence demonstrated the only shared expenses were in relation to the child.
awarded primary custody of the child to the woman and ordered the man to pay maintenance of R7,000 a month.
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