Can You Separate Issues In A Divorce Trial?

A husband embroiled in opposed divorce proceedings against his wife, brought an application to court asking for the court to separate the issue of the granting of a divorce from determining the calculation of the net value of their respective estates and his wife's claim for spousal maintenance. He said that by doing so the divorce process would be expedited and the parties could get on with their new lives.

The parties had no children and were married by ante-nuptial contract with the accrual system in place- [ an accrual is where on dissolution of the marriage the estates of both spouses are valued and the spouse whose estate shows a smaller growth has a claim for 50% of the difference, from the other spouse].

He admitted that his estate has shown more growth. He wanted the issues of the divorce to be finalised in two parts, with the first being a divorce order to be granted on an unopposed basis and with him being directed to transfer to his wife an amount equal to one-half of difference between the accrual in their respective estates, where the only evidence to be led would only be confined to the fact that the marriage relationship had broken down and nothing else.He claimed that they simply grew apart as a couple and no longer lived together as husband and wife. In the second part of the proceedings he said the calculation of the accrual would be made and the wife's claim for continued spousal maintenance would be heard. He argued that his wife would not be prejudiced by the separation of issues since he tendered to pay interest on the amount of the accrued claim.

For her part, the wife denied that the reasons he advanced for the breakdown. She claimed that he was unfaithful on several occasions and was at present in a relationship with his younger employee, with whom he was now living. She opposed his application for separation of the issues saying that she needed him to provide her with a full disclosure of his financial affairs to enable her to make a proper assessment of the accrual value of his estate.

The court found that the husband did not make out a clear and defined case motivating the separation of the issues, saying that separating the issues would most likely lead to a duplication of evidence.

The court said that if the extent of the wife's accrual claim was only to be determined at the second trial, two financial enquiries possibly involving two different material dates would have to be conducted. It also said that the reasons for the breakdown of the divorce may be relevant considerations in both the first and second trials and different decisions and different conclusions may be made in this analysis in both the first and second trials.

The court found that husband supported his wife throughout their marriage and she that she had a limited income with few assets. It said it had a 'duty to protect potential financially vulnerable spouses from procedural gymnastics that may jeopardise their financial security'.

The court held that since the parties would have already been divorced at the first trial, the court may not in terms of Section 7 of the Divorce Act be legally competent to make a spousal maintenance order after the divorce has been granted and dismissed the husband's application for separation of the issues.

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