Description
Division of matrimonial assets – assets owned before marriage and substantially improved during marriage – work performed before desertion – fair share of matrimonial assets – new allegations introduced on appeal
- Matrimonial assets include assets owned before the marriage by one party which have been substantially improved during the marriage by the other party or by their joint efforts.
- Extent of contribution by the wife towards acquisition of matrimonial assets was in terms of work that was performed by the wife before desertion including household chores, bearing and rearing of children as well as making the home comfortable for the husband and the children.
- Fair share of matrimonial assets – wife was given 40% of the assets.
- In his submissions during the appeal stage before the High Court, the respondent introduced new allegations against the appellant – the Court rejected those allegations since they were not stated in the respondent’s petition.
