There can be no shotgun divorce if the other spouse still believes the marriage can work.

A husband who told the court he just wants to “get on with his life” found out after he applied for a quick divorce order and for the disputes over their joint estate to be determined at a later stage.

The husband told the Durban High Court that he wants to rid himself as soon as possible of the “shackles” of his estranged wife.

According to him, he has met the new love of his life, and he wants to get on with life.

He is under the impression that his wife equally wants to be rid of him and told the court the only barrier is that they cannot see eye to eye over a joint property.

He, therefore, desires to separate the issue of the termination of his marriage from the proprietary consequences thereof, he said. According to the man, their divorce can still take years to finalise due to their disagreement over the property.

The husband said that if he can get his divorce now, he will transfer his half share therein to a trust to be created by him, in respect of which the wife and his son will be the sole beneficiaries. The issues, in his version, are thus relatively narrow.

But in her papers before the court, the wife held a different view. She denies that the marriage has broken down irretrievably and asserts that the parties may become reconciled “by way of counselling or negotiations”.

While the court commented that it is not sure what the wife meant by the possibility of the marriage being saved by way of “negotiations”, it is clear that she still had hope for the marriage.

The husband maintained that ordering the divorce now and worrying about the financial issues later would be convenient for both of them.

In his affidavit, which was filed long before the wife’s answering affidavit, he stated: “The two of us are both intent on a divorce and we want to get on with our lives. I have subsequently met someone else with whom I am now involved, and I do not want to remain shackled to the respondent while we are completely estranged and live entirely separate lives.”

This view is inaccurate, the court said, as the wife is of a different mindset. Thus, a shotgun divorce would only be convenient for the husband. The court said it is not on the papers before it can determine whether the parties do not still have a possible future together.

“The respondent (wife) may well have difficulties in convincing the trial court that her marriage has not irretrievably broken down, given the state of our law on divorce and the fact that the applicant has apparently commenced a relationship with another woman… But she is certainly entitled to attempt to persuade the trial court of the soundness of her principal defence,” the court said.

In wanting to go on with his life, the husband is only speaking for himself, and the court said although the chances may be slim, the wife must be given her day in court.

“He may have honourable intentions as far as the new woman in his life is concerned, but he can only formally advance that relationship once the relationship between himself and the respondent has been resolved,” the court said in turning down his application.

zelda.venter@inl.co.za

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