ALEX, NQOBILE WANT DIVORCE

MBABANE – Well-known Mbabane businessman Alex Fakudze is divorcing his wife Nqobile Simelane for, among other things, allegedly refusing to grant him conjugal rights

Fakudze is the founder and Chief Executive Officer at Faze In, an advertising agency company based in Mbabane, while Simelane is a manager at Swaziland Beverages in Matsapha. The parties were married on September 5, 2009 in Mbabane and signed an ante-nuptial contract.

An ante- nuptial contract is a written contract between two people who are about to marry, setting out the terms of possession of assets, treatment of future earnings, control of the property of each, and potential division if the marriage is later dissolved.
In the divorce proceedings, Fakudze submitted that from the aforesaid marriage, three children were born.
He alleged that during the subsistence of their marriage the defendant (Simelane) wrongfully and unlawfully refused to grant him conjugal rights.

According to the applicant (Fakudze) Simelane also informed him that she was no longer interested in the continuation of the marriage relationship and she desired a divorce.
The businessman pointed out that in the premise, Simelane had wrongfully, unlawfully and constructively deserted him. He contended that by virtue of the fact their children were very young, it was in their (children) best interest that Simelane retained custody of them.

These are allegations contained in an affidavit whose veracity is still to be tested in court.
“The defendant (Simelane) has agreed not to defend the proceedings and I therefore pray that a final decree of divorce be granted,” submitted Fakudze.
Annexed to the application for the divorce between the parties is a copy of the ante-nuptial contract they entered into before walking down the aisle.

Fakudze and his wife, among other things, agreed that neither of them shall be answerable for debt and engagements of the other, but each shall be answerable for his or her own debts, contracted before and after the marriage.
According to the contract, the parties further agreed that upon dissolution of the marriage between them by divorce or the death of one of them, the party whose estate showed no accrual or a smaller accrual than the estate of the other party or the estate of the deceased party, shall be entitled to an amount equal to one half of the difference between the accrual of the respective estate of the parties.

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