Decade-Long Divorce Battle in Gauteng Courts Costs Couple Over R10 Million

In an unprecedented display of the emotional and financial toll of divorce, a Gauteng couple has found themselves embroiled in a high-stakes legal battle that has spanned over a decade and cost them in excess of R10 million in legal fees. This saga has played out in the South Gauteng High Court in Johannesburg, where the most recent application has been for the husband to seek a reduction in maintenance payments and other modifications to the established orders.

The marriage, which began out of community of property in 2004, saw the birth of their only child in 2007. Sadly, the child became collateral damage in the bitter divorce proceedings that began when she was five and continue now that she is entering adulthood at 17. A family advocate report from 2021 poignantly illustrated the impact of the divorce on the child, noting her entire childhood was overshadowed by conflict and severed relationships.

At the heart of the dispute is the outstanding R3 million the husband owes in legal fees dating back to 2012, and maintenance - both primary points of contention. The husband cited severe financial setbacks exacerbated by the Covid-19 pandemic, which saw him without a salary for months and accumulating debts surpassing R2.7 million, despite divesting himself of savings, investments, and inheritance assets.

In stark contrast, the wife has painted the husband as a man of significant means, suggesting he is hiding his wealth through business interests in Lexshell 365 (Pty) Ltd and Amalgamated Global Trading. She justifies her need for continued substantial financial support by disclosing a personal income shortfall and detailing her monthly expenditures, which include various luxuries.

After carefully considering the case, Acting Judge Leigh de Souza-Spagnoletti deduced that the husband, far from living a life of luxury, had indeed suffered financial setbacks. The judge criticized the wife's quest to maintain a lifestyle that was no longer sustainable, especially in light of the protracted and costly litigation that had drained both parties.

The resultant ruling was a conclusive one: the husband is to pay R28,000 per month in maintenance, alongside covering all reasonable educational expenses for their child, and a few other select responsibilities such as car repairs and insurance, rental, and moving fees.

This case illustrates not only the visceral personal impact that divorce can have but also the considerable financial repercussions that can arise from drawn-out legal conflicts. As the dust settles on this prolonged affair, it provides a cautionary tale for couples navigating the complexities of marital breakdowns.