B v B (19820/2008) [2009] ZAWCHC 58 (27 March 2009)

B v B (19820/2008) [2009] ZAWCHC 58 (27 March 2009)

The court held that proprietary relief under the accrual system cannot be determined without both parties furnishing particulars of the value of their estates as required by section 7 of the Matrimonial Property Act. The plaintiff's lack of information regarding the defendant's assets precluded immediate calculation of accrual. The court ordered both parties to exchange full particulars of their estates within one month. If one estate shows a greater accrual, that party must pay half the difference to the other. Should the parties fail to agree on the sum payable, the plaintiff may apply to court for further relief. The terms of the antenuptial contract relating to the accrual system are...

Citation
[2009] ZAWCHC 58
Parties
Plaintiff: L v B; Defendant: D M v B
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
27 March 2009
Case Number
19820/2008
Procedural Posture
Divorce Application / Undefended Divorce Hearing; Proprietary Relief Reserved
Outcome
Decree of divorce granted; proprietary relief ordered per accrual system.
Judges
R Mitchell
Legal Topics
Accrual System, Matrimonial Property Act, Antenuptial Contract, Proprietary Consequences, Furnishing Particulars
Family and Children Accrual System Matrimonial Property Act Antenuptial Contract Proprietary Consequences Furnishing Particulars

Case Brief

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Parties

L v B

Plaintiff

D M v B

Defendant

Procedural Posture

Divorce Application / Undefended Divorce Hearing; Proprietary Relief Reserved

Legal Issues

  1. 1 Whether the plaintiff is entitled to proprietary relief under the accrual system following the divorce.
  2. 2 Whether the parties must furnish particulars of the value of their estates as required by section 7 of the Matrimonial Property Act.
  3. 3 How the accrual in each spouse's estate should be calculated and settled.

Ratio Decidendi

The court held that proprietary relief under the accrual system cannot be determined without both parties furnishing particulars of the value of their estates as required by section 7 of the Matrimonial Property Act. The plaintiff's lack of information regarding the defendant's assets precluded immediate calculation of accrual. The court ordered both parties to exchange full particulars of their estates within one month. If one estate shows a greater accrual, that party must pay half the difference to the other. Should the parties fail to agree on the sum payable, the plaintiff may apply to court for further relief. The terms of the antenuptial contract relating to the accrual system are...

Court Disposition

Decree of divorce granted; proprietary relief ordered per accrual system.

Orders

  • It is recorded that a decree of divorce was granted to the plaintiff on 26 February 2009.
  • The terms of the antenuptial contract relating to the accrual system are to be implemented.