A woman who wanted her ex-berk and father of her three children to pay her R56 000 in spousal maintenance after their relationship ended had her application dismissed in the Western Cape High Court.
According to court papers, EW dated VH for nine years and split up in April 2022. During the relationship, VH gave EW approximately R100 000 per month for household expenses and maintenance.
A trust paid the rent for the former family home.
The trust is under VH’s control, EW and the minor children were also beneficiaries.
According to the papers, after the break-up, VH drastically reduced the monthly amount paid to EW, he threatened to cancel the lease of their family home, and he launched an application threatening to take the children away from her.
To support her application, EW said they shared a common home for over seven years, the general public believed their relationship to be marriage, they referred to each other as husband and wife, and they shared responsibility for the upkeep of their home.
She added that she had no assets and income and therefore cannot make ends meet without VH’s financial assistance.
However, VH claimed he was not duty-bound to support her.
The court said parties in life partnerships have no remedy regarding interim financial relief during the subsistence and following the termination of their relationships.
Judge Judith Innes Cloete and Judge Hayley Maud Slingers dismissed her application with no costs.
Judge Derek Wille said he agreed with most of the reasoning given by his colleagues, however, he would have granted a different order.
Furthermore, he added that many partners find themselves in EW’s position and are left without legal recourse when their life partners terminate the relationship.
“The discrimination here maintains the traditional power structure in which a male partner dictates the nature of the relationship and, therefore, the consequent entitlement to legal benefits flowing from the relationship.”
He added that courts must provide a remedy where there is discrimination because relationships between life partners have changed considerably over the last four decades on social, economic, and many other levels.