D.M v D.M [2025] ZAGPJHC 31; [2025] 2 All SA 398 (GJ); 2025 (4) SA 183 (GJ) (28 January 2025)

D.M v D.M [2025] ZAGPJHC 31; [2025] 2 All SA 398 (GJ); 2025 (4) SA 183 (GJ) (28 January 2025)

The court held that section 7 of the Matrimonial Property Act requires a spouse to furnish full particulars of the value of their estate upon request, and this duty arises during divorce proceedings, not only upon dissolution of the marriage. However, the court retains a discretion to regulate its own process and may refuse to compel compliance with a section 7 notice if it is impractical, premature, or prejudicial. In this case, the respondent failed to demonstrate any compelling reason to resist disclosure, and no real prejudice would result from granting the application. The pending separation application did not justify refusal, as the law already requires disclosure of assets of...

Citation
[2025] ZAGPJHC 31
Parties
Applicant: DM; Respondent: DM
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 January 2025
Case Number
2021-043212
Procedural Posture
Urgent Application / Application to Compel Compliance With Section 7 Notice Under Matrimonial Property Act During Pending Divorce Proceedings
Outcome
Application to compel compliance with section 7 notice granted.
Judges
A Friedman
Legal Topics
Matrimonial Property Act, Accrual System, Duty of Disclosure, Beneficial Ownership, Interlocutory Relief
Family and Children Matrimonial Property Act Accrual System Duty of Disclosure Beneficial Ownership Interlocutory Relief

Case Brief

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Parties

DM

Applicant

DM

Respondent

Procedural Posture

Urgent Application / Application to Compel Compliance With Section 7 Notice Under Matrimonial Property Act During Pending Divorce Proceedings

Legal Issues

  1. 1 Whether section 7 of the Matrimonial Property Act obliges a spouse to disclose full particulars of their estate upon request during divorce proceedings.
  2. 2 Whether the court retains a discretion to refuse to compel compliance with a section 7 notice.
  3. 3 Whether the respondent's pending separation application justifies refusal to disclose assets at this stage.

Ratio Decidendi

The court held that section 7 of the Matrimonial Property Act requires a spouse to furnish full particulars of the value of their estate upon request, and this duty arises during divorce proceedings, not only upon dissolution of the marriage. However, the court retains a discretion to regulate its own process and may refuse to compel compliance with a section 7 notice if it is impractical, premature, or prejudicial. In this case, the respondent failed to demonstrate any compelling reason to resist disclosure, and no real prejudice would result from granting the application. The pending separation application did not justify refusal, as the law already requires disclosure of assets of...

Court Disposition

Application to compel compliance with section 7 notice granted.

Orders

  • The respondent is ordered to deliver a reply to the applicant’s notice in terms of section 7 of the Matrimonial Property Act 88 of 1984, dated 12 January 2024, within 20 days from the date of this order.
  • The respondent is to pay the applicant’s costs in this application to compel on a party-and-party basis (scale A).