Reprinted from iol.co.za, by Sinenhlanhla Masilela – 2024-07-18
A Durban woman who left her marriage after realising that her husband was having an affair with her best friend told the high court that she wants over R100,000 maintenance and R171,000 for new furniture.
The wife brought Rule 43 application in the Durban High Court seeking interim maintenance for herself and their three children until the divorced is finalised.
In her application, she stated that her husband was in a financially strong position and would be able to afford the amount she was seeking for herself and their children.
She said her husband is a successful surgeon at Umhlanga Netcare Hospital and he also owns a laparoscopic clinic.
In addition, he is a trustee of two trusts and a director of three companies. He also invests in cryptocurrencies, and she believes he might have invested as much as R950,000 in cryptocurrency.
Furthermore, their marital home is worth about R10 million and the husband drives a car worth at least R1 million.
According to court papers, she moved out of her marital home in March 2024 and moved in with her brother.
She moved out after learning that her husband was having an affair with her best friend and it seemed like their dalliance was destined to result in a polygamous marriage.
In his response, the husband said he earns a little over R79,000 and can only afford to pay R6,000 maintenance towards the children.
He added that he will also cover educational costs, as well as all reasonable medical and dental expenses for the children. Furthermore, he intends to maintain his estranged wife’s coverage under his medical aid.
He did not address the allegations detailed by the wife in her affidavit. Instead, he dedicated several pages to outlining the marital difficulties he had experienced with his wife since 2014.
The judge said arguments raised by the husband in his affidavit were little assistance in a Rule 43 application.
As a result, the judge ordered the husband to pay R55,000 maintenance on the first day of every month.
He also has to cover all the children’s medical fees, school fees including aftercare fees, speech therapy where recommended by the school, stationery, uniforms, extra lessons, extramural activities, sporting equipment, school tours, and excursions.
He was also ordered to pay the wife R50,000 towards her furniture.
Furthermore, he must contribute R40, 000 towards the wife’s divorce fees before end of July.
We can help
SD Law & Associates are experts in divorce and family law. If you need advice about interim maintenance or the Divorce Act changes, or any aspect of marriage or divorce, we can help. Contact us or call 086 099 5146 or email sdippenaar@sdlaw.co.za
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Simon Dippenaar
Founder & Managing Partner, SD Law
Attorney Simon Dippenaar has a BBusSc LLB degree and Professional Diploma in Legal Practice from the University of Cape Town, and is an admitted attorney of the High Court of South Africa. He is the founder and director of private legal practice, Simon Dippenaar & Associates, with offices in Cape Town and Gauteng representing South African and international clients.
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