KEY POINTS
- The court dismissed the request for quick divorce since it would proceed hand-in-hand with evenly distributed assets when one party opposes the process.
- At present the wife continues to hold onto hope for saving their marriage.
- According to Court protocol both spouses must possess an opportunity to present their claims before the court will grant divorce.
The man petitioned Durban High Court for immediate divorce because he met someone new and wanted to proceed with his future life.
His main argument was that differing opinions on property distribution stood as the only inhibition from achieving a divorce separation. He proposed separating asset value determinations from divorce proceedings.
The man decided to place his property share into trust for his wife and son while arguing that the problems involved only small aspects that should not block the divorce bid.
Wife says marriage can still be saved
The wife maintained the marriage still existed and she wanted to attempt saving it by attending counseling sessions or negotiating for its future. Judge recognized that the exact means through which “negotiation” might save the relationship were unclear yet continuing wife’s desire for reconciliation qualified as more than mere speculation.
Divorce bid not just about convenience
The court denied the husband’s application because the wife possessed the legal right to challenge the divorce process despite how reasonable his intentions seemed to him.
A fast divorce solution cannot be provided even if one partner desires it quickly because the other party views the marriage as enduring.
Let the wife have her day in court
In spite of potential hurdles facing her court presentation about potential reconciliation the judge granted her the right to make her case before the trial court although her husband now has a new relationship.
Both sides will move forward to a complete trial to present their understandings about marital dissolution together with property redistribution demands.
