Our expert says:
Family law expert
Altough the marriage regime that you in means that she will be entitled to half of the estate you can claim that she forfeits her 1/2 share of the assets. It is important to note that you will have to claim this in your Summons and you will have to lay down the basis of your claim thoroughly on the pleadings.
An innocent spouse cannot sue a guilty spouse for damages as a result of adultery, although the latter may be prevented on divorce from deriving any financial benefit from the marriage by reason of his or her conduct, this is normally referred to as a forfeiture of the patrimonial benefits.
In a marriage in community of property, division of the joint estate is a natural consequence of a divorce. Forfeiture of benefits of the marriage in community of property can however be claimed by a party. The court would have regard to various factors i.e. the duration of the marriage, circumstances leading to the breakdown, misconduct of one of the parties etc.
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