D.C.M v C.C.M (1235/22) [2025] ZASCA 55; [2025] 3 All SA 291 (SCA) (9 May 2025)

D.C.M v C.C.M (1235/22) [2025] ZASCA 55; [2025] 3 All SA 291 (SCA) (9 May 2025)

The Supreme Court of Appeal held that where parties declare the commencement value of their estates in an antenuptial contract, such declaration is contractually binding and serves as conclusive proof of the commencement value for accrual calculations. Section 6(3) of the Matrimonial Property Act applies only where no value is declared, in which case the contract or statement serves as prima facie proof. The applicant did not plead any recognised common law grounds to attack the contract. The CPI-adjusted commencement value of the respondent's estate was R129 million, while the value at dissolution was lower, even on the applicant's own expert evidence. As accrual cannot be negative, the...

Citation
[2025] ZASCA 55
Parties
Applicant: D[…] C[…] M[…]; Respondent: C[…] C[…] M[…]
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
9 May 2025
Case Number
1235/22
Procedural Posture
Civil Appeal / Application for Leave to Appeal and Appeal on Merits
Outcome
Appeal dismissed. Leave to appeal granted. Applicant to pay costs, including costs of condonation and two counsel where employed.
Judges
Zondi, Keightley, Coppin, Phatshoane, Bloem
Legal Topics
Accrual System, Antenuptial Contract, Matrimonial Property Act, Commencement Value, Proof of Estate Value
Family and Children Accrual System Antenuptial Contract Matrimonial Property Act Commencement Value Proof of Estate Value

Case Brief

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Parties

D[…] C[…] M[…]

Applicant

C[…] C[…] M[…]

Respondent

Procedural Posture

Civil Appeal / Application for Leave to Appeal and Appeal on Merits

Legal Issues

  1. 1 Which party should bear the costs of condonation for late lodging of the appeal record.
  2. 2 Whether leave to appeal should be granted in light of conflicting judgments on section 6(3) of the Matrimonial Property Act.
  3. 3 Whether the applicant has an accrual claim against the respondent's estate based on the declared commencement value in the antenuptial contract.

Ratio Decidendi

The Supreme Court of Appeal held that where parties declare the commencement value of their estates in an antenuptial contract, such declaration is contractually binding and serves as conclusive proof of the commencement value for accrual calculations. Section 6(3) of the Matrimonial Property Act applies only where no value is declared, in which case the contract or statement serves as prima facie proof. The applicant did not plead any recognised common law grounds to attack the contract. The CPI-adjusted commencement value of the respondent's estate was R129 million, while the value at dissolution was lower, even on the applicant's own expert evidence. As accrual cannot be negative, the...

Court Disposition

Appeal dismissed. Leave to appeal granted. Applicant to pay costs, including costs of condonation and two counsel where employed.

Orders

  • The application for leave to appeal is granted.
  • The appeal is dismissed with costs, including costs of the application for leave to appeal and costs of two counsel where so employed.