The court has refused to grant an order that a wife should forfeit any benefits from a marriage in community of property.
The decision was handed down after her husband failed to prove that she had committed substantial misconduct in their nine-year marriage. In divorce proceedings instituted by the husband, he argued that his wife should forfeit her 50 share of the marital home and 50 of his pension interest in the Government Employees Pension Fund due to financial misconduct on her part and based on the short duration of the marriage.
According to the husband, the parties entered into an antenuptial contract in September 2017 and were subsequently married out of community of property, subject to the accrual system. On this basis, he argued that the wife should forfeit any benefits arising from the accrual.