28/09/2023
One of the most exciting and nerve wrecking tasks for a legal practitioner is drafting and moving an urgent application.
Be it in the magistrates court, high court or labour court, I have always felt a special thrill when dealing with matters of this nature.
This particular matter was brought through by an associate firm who requested my assistance with drafting and moving of the application.
Background
Client and respondent are married in community of property. There are divorce proceedings pending between the parties. The respondent withdrew his pension fund and sought to hide this from the client.
The practical effect of this is the client is being deprived of her half share of the pension fund interest, from date of marriage to date of divorce, in terms of the Divorce Act.
The Respondent was placed on terms to provide the details of the amount withdrawn and to pay half the funds over to the instructing attorney to be held in trust pending the finalization of the divorce. He became stubborn and obstinate and refused to comply.
An urgent, ex parte application was brought and heard at the Durban High Court.
An order was obtained on the following basis
1 - The respondent was directed to disclose the full amount obtained from the pension fund
2 - The respondent was directed to pay half the funds received to the attorney trust account to be held pending finalization of the divorce
3 - We were authorized to approach the court on an urgent basis in respect of contempt proceedings if the respondent failed to comply
It was a good day in court with a good result for the client.
Raoof and Associates, specilists in Labour Law and Criminal Law.
Conveniently located in Durban central.
Also offering correspondent services.