Harlech-Jones v Harlech-Jones

The parties were married out of community of property in 1972 and divorced after nearly 29 years of marriage. They had two adult, self-supporting sons. After separation in 2000, both spouses formed new long-term relationships. For approximately eight years prior to the divorce hearing, the respondent wife cohabited with another man, Tim Smith, in a stable, permanent relationship in which he fully supported and maintained her. Although divorce proceedings were instituted in 2003, they were delayed for several years due to the appellant husband’s sequestration and related litigation. By the time the matter came to trial in 2010, all proprietary issues were settled and the sole remaining issue was whether the respondent was entitled to post-divorce maintenance. The High Court awarded the respondent maintenance of R2 000 per month, which the appellant appealed.

The appeal succeeded. The maintenance order was set aside and the High Court order was amended to provide only that the marriage between the parties was dissolved by decree of divorce. No costs order was sought against the respondent.

The case clarifies that while cohabitation does not automatically disqualify a spouse from claiming maintenance after divorce, a claimant must still prove a genuine need for support. It affirms a fact-specific approach to maintenance under s 7(2) of the Divorce Act and underscores that being fully maintained in a permanent relationship may negate the need required to justify a maintenance award.