High Court Revokes Fraudulent Divorce, Elderly Soweto Woman Keeps Her Home

After over a decade of uncertainty and the threat of eviction, a 67-year-old woman in Meadowlands, Soweto, has had her ‘fraudulent’ divorce decree overturned by the High Court in Johannesburg, affirming her rightful claim to the home she shared with her estranged husband.

Married in community of property since 1981, the woman found her marriage unexpectedly 'dissolved' in 2010 when her husband, represented by Sarlie & Ismail Inc, instituted divorce proceedings. The subsequent chain of events unfolded without her knowledge, leading to a divorce decree in November 2011 that she found only later in her mailbox, stating that she had forfeited her marital benefits, which included her house and her husband’s pension fund.

The erroneous handling of the divorce filings, riddled with discrepancies and the evasion of due process, became apparent when Monama Attorneys, representing the wife, received inconclusive and misleading responses from the husband's attorneys. Despite assurances from her now-deceased attorney that the matter was resolved, she discovered she was still in jeopardy when an eviction attempt was made in May 2022.

The situation escalated to the High Court, where documents were suspiciously missing, and her legal team from Legal Aid moved to revoke the divorce. The husband’s defence crumbled as he could provide no concrete evidence of his claims or the involvement of the mysterious Mr. Levin, who he suggested managed the proceedings.

Acting Judge Leigh Franck's ruling was scathing towards the husband's inadequate explanations and the suspicious nature of the original decree, which unjustifiably stripped the wife of her property rights. The divorce was revoked, enabling the wife to retain her half of the property and securing her a measure of justice in a matter that was not just a legal battle but also a fight for dignity and security.

This ruling serves as a beacon of hope, a reminder that justice can be sought and won, even against the odds of time, systemic errors and fraudulent acts. It reinforces the importance of proper legal representation and the vigilant enforcement of matrimonial property rights in South Africa, ensuring that lawful due process is respected and protected.