A Gauteng woman has won a landmark victory in the Pretoria High Court, where a judge ruled that her abusive husband must forfeit all benefits from their marriage in community of property, including his claim to half of their joint estate.

Judge Noluntu Bam found that the husband had subjected his wife to years of physical, emotional and financial abuse while contributing almost nothing to the household. Instead, the court heard, he abandoned his job, squandered his pension payout, and descended into drug and alcohol abuse as his wife single-handedly supported the family.

The woman, who brought the divorce action, testified that her husband’s violence and intimidation were a constant feature of the marriage. She produced protection orders obtained over the years, detailing repeated assaults and degrading treatment. The court accepted her evidence as credible and consistent with the broader pattern of abuse.

The abuse culminated in a brutal attack in a vehicle in June 2014, when the husband assaulted her so severely that she required surgery. He was arrested, prosecuted and sentenced to five years in prison for the assault. After his release, the woman proceeded with divorce proceedings, telling the court that she had long been the sole breadwinner because her husband could not maintain steady employment.

Financial records before the court showed that he failed to honour basic obligations, including municipal rates, leaving arrears of about R400 000. The woman now pays R7 000 a month to reduce the debt. The judge also heard that the husband took half of a R200 000 loan secured against the family home to start a transport business, but the vehicle purchased disappeared under unclear circumstances.

In another attempt to support him, the woman borrowed money to fund his training as a cabin crew member. Although he briefly worked for Mango Airlines, that employment ended and he again failed to contribute meaningfully to the household.

Judge Bam held that allowing him to share equally in the joint estate would amount to rewarding his misconduct and exploitation. The court ordered that he forfeit all benefits arising from the marriage in community of property and directed that the couple’s Eesterus home be registered solely in the woman’s name.

The ruling underscores the power of forfeiture orders in cases where one spouse has abused the other and failed to contribute to the common estate, despite the default rule of equal sharing in community of property marriages.