D H B v C S B (CCT 293/22) [2024] ZACC 9; 2024 (8) BCLR 1080 (CC); 2024 (5) SA 335 (CC) (22 May 2024)

D H B v C S B (CCT 293/22) [2024] ZACC 9; 2024 (8) BCLR 1080 (CC); 2024 (5) SA 335 (CC) (22 May 2024)

The Constitutional Court held that the only issue properly before it, on the pleadings, was whether the prenuptial agreement could co-exist with the antenuptial contract. The pleadings established that the prenuptial agreement was an unspecified donation agreement, not a settlement agreement under section 7 of the Divorce Act. No evidence was led as to the nature of the donation, and the expansion of issues to include public policy and statutory ouster was impermissible without proper pleadings and consideration of prejudice. The Court found that the prenuptial agreement did not alter the matrimonial regime and could be read together with the antenuptial contract. The other issues,...

Citation
[2024] ZACC 9
Parties
Applicant: D H B; Respondent: C S B
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
22 May 2024
Case Number
CCT 293/22
Procedural Posture
Leave to Appeal / Constitutional Court Appeal From Supreme Court of Appeal
Outcome
Leave to appeal granted; appeal dismissed with costs.
Judges
Zondo, Maya, Kollapen, Mathopo, Rogers, Schippers, Theron, Tshiqi, Van Zyl
Legal Topics
Prenuptial Agreements, Spousal Maintenance, Donation Contracts, Divorce Act Section 7, Public Policy, Matrimonial Property Regime
Family and Children Civil Procedure Constitutional Law Prenuptial Agreements Spousal Maintenance Donation Contracts Divorce Act Section 7 Public Policy +1 more

Case Brief

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Parties

D H B

Applicant

C S B

Respondent

Procedural Posture

Leave to Appeal / Constitutional Court Appeal From Supreme Court of Appeal

Legal Issues

  1. 1 Whether the prenuptial agreement providing for maintenance is enforceable in light of section 7 of the Divorce Act.
  2. 2 Whether the prenuptial agreement and the antenuptial contract can co-exist without impermissibly varying the matrimonial regime.
  3. 3 Whether the High Court and Supreme Court of Appeal properly considered the enforceability of the prenuptial agreement on the pleadings.

Ratio Decidendi

The Constitutional Court held that the only issue properly before it, on the pleadings, was whether the prenuptial agreement could co-exist with the antenuptial contract. The pleadings established that the prenuptial agreement was an unspecified donation agreement, not a settlement agreement under section 7 of the Divorce Act. No evidence was led as to the nature of the donation, and the expansion of issues to include public policy and statutory ouster was impermissible without proper pleadings and consideration of prejudice. The Court found that the prenuptial agreement did not alter the matrimonial regime and could be read together with the antenuptial contract. The other issues,...

Court Disposition

Leave to appeal granted; appeal dismissed with costs.

Orders

  • Leave to appeal is granted.
  • The appeal is dismissed with costs.