Wealthier Husband Ordered to Pay R670,000 Towards Divorce Trial Costs

A Gauteng High Court judgment highlights the importance of full financial disclosure when spouses seek maintenance or contributions towards legal costs during divorce proceedings. Divorce proceedings that began more than a decade ago have resulted in a significant costs order against a husband whom the Gauteng High Court in Johannesburg found had failed to provide sufficient disclosure of his financial circumstances.

The parties instituted divorce proceedings in January 2014. The matter has since been set down for trial on several occasions and was again scheduled for trial on 31 August 2026. The wife approached the High Court seeking a further contribution towards her legal costs, explaining that she needed financial assistance to properly prepare for the upcoming trial. She described her financial position as dire and alleged that she did not have sufficient assets to fund the ongoing litigation.

The husband opposed the application and brought a counter-application of his own. Among other relief, he sought maintenance pendente lite of R30,000 per month from 1 August 2026, as well as R179,600 towards his own trial costs.

Dispute over the parties' financial positions

A significant issue before the court was the parties' respective financial circumstances. The husband appeared, on the papers, to be the wealthier spouse. The wife alleged that he had failed to provide adequate disclosure of his assets and income. The court considered the financial information placed before it and found a significant difference between the parties' disclosures. The wife had provided detailed information regarding her monthly income and expenditure. In contrast, the husband claimed to be unemployed and stated that his only source of income was rental income. However, an analysis of his bank statements revealed unexplained deposits exceeding R5.9 million between 2020 and 2022.

The court also considered evidence that the husband had received an inheritance from his late mother's estate and had interests and assets including a Body 20 franchise, a property in the United Kingdom and a flat in Cape Town. In addition, the husband had a watch collection and had advanced approximately R2.9 million to his girlfriend interest-free, without adequately explaining the source of those funds.

Husband's maintenance claim rejected

Against this background, the court considered the husband's application for monthly maintenance of R30,000 from the wife. Acting Judge Ntombizanele Ndlokovane found that the husband's maintenance and legal-cost claims were not supported by sufficient evidence. The court also rejected his attempt to have the wife's application struck from the roll for lack of urgency and his request for costs on an attorney-and-client scale. The financial circumstances of each spouse are particularly relevant when a court is asked to make an order for maintenance or a contribution towards legal costs during divorce proceedings.

R670,000 costs order

The court ultimately ordered the husband to contribute R670,000 towards the costs of the divorce trial, with the amount to be paid into the trust account of the wife's attorneys of record. The judgment illustrates that a party seeking financial relief in divorce proceedings must place sufficient and accurate information about their financial circumstances before the court. It also demonstrates that a court may scrutinise the financial evidence presented by both spouses when determining whether a contribution towards legal costs or maintenance is justified.

What does this mean for parties involved in divorce proceedings?

Divorce proceedings can become particularly complex where there is a substantial disparity between the financial positions of the spouses or where there are disputes regarding the disclosure of assets and income. A party who cannot afford the legal costs necessary to properly participate in divorce proceedings may, depending on the circumstances, approach the court for appropriate financial relief. However, such applications require proper evidence regarding the applicant's financial position, needs and expenses, as well as the financial circumstances of the opposing spouse.

Where there are allegations that assets or income have not been disclosed, the court may also consider the available financial records when determining the parties' respective means. If you are involved in a contested divorce and are concerned about your ability to fund the litigation, obtaining appropriate legal advice early in the proceedings can help you understand what financial relief may be available to you. Here at Rudolf Buys & Associates Attorneys we can assist you.