Court tells rich husband he must pay R1.5 million to wife's legal team in divorce matter

The Gauteng High Court, Pretoria ruled that it is only fair that a wealthy husband contribute R1.5 million towards his wife’s legal costs in their protracted divorce proceedings.

The wife (the applicant) turned to the court to demand a contribution of R2 million towards her legal fees, as she claimed her husband was a man with substantial financial means. She said she wanted to be on the same footing as him during their legal fight, as divorce is a costly business.

The applicant is a Human Resource Management Consultant in the motor industry. The husband (respondent) is a specialist consultant in dams and hydro-power, an engineer and a businessman who serves as a director and shareholder in various local and international companies. He is currently residing in the United Kingdom.

The parties got married to each other in January 2010 out of community of property with the accrual system applicable to their marriage. In February 2020, the husband left the common home and the wife subsequently issued the divorce summons.

The court was told that the husband lives in the United Kingdom in a property worth about R20 million, while his now estranged wife lives in a bonded house worth about R3 million. The husband also owns several properties locally and abroad, the total value of which amounts to millions of rands. One of his local properties, worth more than R2.9 million, has been left vacant for years.

Ever since his desertion, the wife has been solely responsible for her monthly expenses including her medical needs because the husband removed her as a beneficiary on his medical aid.

According to the wife, she owes her current and past lawyers' legal costs relating to the divorce action, which up to now, she has been expected to pay for herself. The husband has argued that she was able to finance her divorce action adequately from her own financial resources.

According to the wife, they lived a lavish lifestyle characterised by frequent overseas trips and a taste for opulence. Most of her personal expenses were catered and paid for by her husband and before the separation, she was accustomed to a lavish lifestyle, the wife said.

The complexity of the issues to be determined by the court in the divorce proceedings has delayed the divorce from being concluded and the wife said she needed money so that her lawyers can fight the issues on the same footing as her husband’s lawyers.

The husband, meanwhile, disclosed his assets to the court, which amount to more than R34 million. But the wife said this was not a full disclosure of everything and she wants a company to investigate his finances further.

The wife, meanwhile, revealed that her personal assets are slightly more than R4 million. She also claimed that she only earned about R19,000 a month, while her monthly expenses ran into more than R64,000.

The court noted that the husband is linked to at least 10 companies and a trust, but it said an investigation into the financial affairs of the husband should be undertaken to unravel the intricate business structure created by him.

In referring to the wife’s legal costs, the court noted that her attorney charges R2,900 per hour and her advocate charges R3,500 per hour. It also acknowledged the wife’s right to legal representation by a legal representative of her choice, but remarked that it did not seem that she tried to curb her legal costs.

The court concluded that it will be reasonable for the husband to contribute R1.5 million, while the wife will have to pay the rest.

zelda.venter@inl.co.za