Acting Judge of Appeal, Avinash Govindjee, of the Supreme Court of Appeal struck a businessman’s appeal from continue paying R40,000 per month in maintenance for the two teenagers, aged 14 and 16, plus medical aid cover as well as R35,000 monthly towards his former wife’s rent while their divorce case continues.
The couple married in April 2018 out of community of property and separated in late 2023.
The wife, a dietician, filed for divorce in early 2024, asking the court to order her husband to keep supporting the teenagers even though he is not their biological father.
The children’s biological father pays about R7,000 per month.
The wife told the court the teenagers had grown used to a much higher standard of living during the marriage as the husband treated them as his own, paid their school fees, walked them to school and openly called them part of his family.
The wife said the sudden end of financial and emotional support after separation upset the teenagers.
A message the husband sent to employees when he announced the separation formed key evidence.
He wrote, ‘Insofar as our kids go, we have always strived to give them the best in terms of love, time, experience and education. None of this changes in my view and it will certainly continue.
‘Finally, I hope you have always seen that I am loving and supportive towards [wife]. This too will continue because that is the person I wish to be. From now on it will just be in a different role or capacity and with a different perspective.’
The wife’s lawyers argued that by calling the children “our kids” and promising ongoing help he had taken on parental responsibility.
The businessman replied he never adopted the children and their biological father stayed involved. He said any money he gave during the marriage was voluntary.
The Western Cape High Court issued an interim order in September 2024 requiring the payments and R1 million towards the wife’s legal costs.
The businessman must keep making the payments until the divorce ends.
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