The Makhanda High Court has ruled against a woman’s attempt to have her divorce agreement varied or set aside to lay claim to a fair share of her ex-husband’s R10 million estate.
last week, Judge Avinash Govindjee said that rather than being ignorant or duped by her ex-husband and the attorney who represented them both, as she claimed, she had been negligent in her haste to get divorced. This comes three years after the woman walked away from her 23-year marriage with nothing.
The couple were married out of community of property with the inclusion of the accrual system in 1996. They divorced in June 2019 and entered into a settlement agreement which was made an order of the court. In her application to set aside or vary the settlement agreement, the woman said at the time of consulting the attorney that she was under the impression that she was not entitled to any part of her ex-husband’s estate because they were married out of community of property.
He said she had taken a conscious decision not to claim anything, without any pressure on his part. There was no mistake, or error, she was aware of her rights and any suggestion of fraud on his part, or that of Marais, was denied. The judge said the court did not have the right to tamper with final judgments, other than in specific circumstances such as fraud or error of law. Once a judgment was given, it could not lightly be set aside. “This case is concerned with a consent order deriving its existence from a settlement agreement which makes it clear that the parties had established consensus,” he said.
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