Published
2 weeks agoon
By
tarynCourt Ruling: HIV-Positive Wife Secures Right to Half of Joint Estate
In a significant decision, the Mpumalanga High Court has ruled that an HIV-positive wife is entitled to an equal share of the joint estate in her divorce. This judgment came after the woman’s husband argued she should lose her share due to her health status.
The couple, both police officers, married under customary law in 2009. Their marriage was classified as a union in community of property, meaning they share assets equally. They also have a nine-year-old child. At one point, the husband questioned the child’s paternity, but tests confirmed he is the father.
After years of physical abuse and neglect, the wife filed for divorce. She stated her husband was rarely home, was unfaithful, and often treated her poorly in front of their child. In response, the husband argued that his wife’s HIV-positive status proved infidelity and requested the court deny her any share of their joint assets.
Judge Brian Mashile reviewed the case, considering the marriage’s length, each spouse’s contributions, and reasons for its breakdown. He highlighted these points:
As a result, Judge Mashile ordered an equal split of the joint estate, including the couple’s pension fund, and required the husband to pay legal costs.
This decision highlights the fair treatment of spouses in divorce cases involving HIV. It reinforces that division of assets should depend on contributions and behavior rather than health conditions.
The Mpumalanga High Court ruling sets an important precedent, ensuring equal rights for spouses in community property marriages. This case stands as a reminder that health status should not affect one’s rights in a divorce.
Vodacom and CIVH’s Fibre Merger Blocked: What This Means for South Africa’s Broadband Future
AFD Leads €400 Million Climate Loan for South Africa as Part of Just Energy Transition Partnership
South Africa’s Tobacco Control Bill Sparks Further Consultations as Nedlac and Parliament Seek Consensus
Kaytranada to Headline South Africa in 2025 at the First Milk and Cookies Festival
Racing Dreams Reborn: Kyalami’s Epic Upgrade for F1’s Grand Return!
Tragedy Strikes as Sekhukhune United’s Mogaila Faces Charges After Deadly Accident