Joburg couple play fair as they divorce after 56 years, judge confirms

A married couple aged 81 and 78 have secured an uncontested divorce from the high court in Johannesburg, after the judge scrutinised the settlement to ensure it was fair to both.

While “grey divorces” are rare, South Africa registered 41 divorces for people aged 80 and older in 2022, according to the latest available data compiled by Stats SA, which it released in March this year. There were also 198 divorces for people in the 70–74 age category and 75 in the 75–79 group.

Judge Stuart Wilson granted the divorce on Monday after first asking for further information about their reasons and their settlement arrangement, saying their initial documentation was too sparse.

“EST and HT had been married in community of property since January 4 1968. EST (who asked for the divorce) said they had lost love and affection for one another, that there was no longer any meaningful communication between them, and that they no longer shared any common interests,” the judge said. 

“After 56 years of marriage, that summary of affairs seemed a little terse. In addition, the settlement agreement placed before me appeared to assign almost all of the marital estate to EST.”

Ownership of the marital home was to be given solely to EST, under the terms of the settlement agreement they had reached. HT also agreed to pay R4.1m and to move out of the house within 48 hours of the judge's approval of the agreement, keeping only a small Suzuki hatchback.

Wilson asked why the settlement seemed skewed in favour of one party, saying it was a judge's duty to ensure agreements are concluded freely and voluntarily in the full knowledge of the respective parties’ rights.

“The apparent inequity in the disposition of EST’s and HT’s marital estate raised the real possibility that the settlement agreement had not been freely struck in this sense.”

A fortnight later, HT explained in an additional affidavit that while they had lived together until the end of August, they had not shared a bedroom for 15 years and led separate lives.

The affidavit also disclosed that the marital estate settlement agreed to with EST represented half its value, with HT retaining the other half. 

HT submitted supplementary documentation confirming the value of the estate.

With reassurance there was an even division of the estate, Wilson said: “That was sufficient to dispel my concern that the settlement agreement was not freely struck.”

He granted the divorce decree, incorporating the settlement agreement.

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