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Vishal is a young 38-year-old banker who has made a success of his career. While giving a guest lecture on banking law at UKZN, PMB
Vishal is a young 38-year-old banker who has made a success of his career. While giving a guest lecture on banking law at UKZN, PMB Campus, Vishal meets Nomcebo who is a young student of 22 years of age and in her final year of her LLB degree. They fall instantly in love and decide to marry a couple of months later. Their parents were reluctant to give their blessings to the marriage because the marriage was so soon after them meeting. However, the parents realised that their love for each other was very strong. The couple decide TO MARRY IN TERMS OF COMMUNITY OF PROPERTY according to the couple, was a fairy tale come true. Soon after the wedding, Vishal purchases a matrimonial home for him and Nomcebo and purchases a range rover evoque car for his new bride. Unfortunately, eight (8) months into the marriage, the signs of a breakdown started showing. They could not agree on crucial aspects of their marriage. They wanted different things in life and out of their marriage. Nomcebo, an unemployed graduate, wanted a career in legal practice. She hoped to sit on the bench one day. Vishal, on the other hand, wanted a stay-at-home wife. On the subject of children, Vishal who feels that he is not getting any younger wants to start a family immediately, while Nomcebo would like to delay having children for at least five years while she is building up her career. The straw that finally broke the camel's back was Nomcebo receiving an offer to serve as a candidate attorney in a prestigious law firm in another province. Nomcebo had no doubt about accepting this offer. She informed Vishal that she was moving to another province. She saw no problem with this as Vishal could easily afford driving or flying regularly to see her. Vishal was vehemently opposed to this idea. Seeing that none of the parties is willing to compromise, Vishal approaches you for legal advice with a view to instituting divorce proceedings. Vishal is concerned and would like your advice as to what happens to the assets that he purchased which are valued at R11 million and to which Nomcebo has contributed nothing. Vishal concedes that he still loves Nomcebo. Advise Vishal fully. Your advice should cover all issues that may arise in light of the facts given. REFERENCE USING RELEVANT CASE LAW
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