Espag v Espag (08/9066) [2015] ZAGPJHC 227 (17 April 2015)

Espag v Espag (08/9066) [2015] ZAGPJHC 227 (17 April 2015)

The court found that the defendant failed to discharge the onus of proving that the ante-nuptial contract was induced by undue influence. The evidence did not establish unconscionable conduct by the plaintiff or that the defendant was deprived of her free will. The defendant's lack of understanding of the accrual system and reliance on the plaintiff's assurances did not amount to undue influence sufficient to render the contract void. Consequently, the marriage could not be declared in community of property or subject to the accrual system. Regarding maintenance, the court held that the defendant was disadvantaged by the marriage and required rehabilitative maintenance to enable her to...

Citation
[2015] ZAGPJHC 227
Parties
Plaintiff: Arnoldus Lourens Espag; Defendant: Catherina Elizabeth Espag (born Van der Westuizen)
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
17 April 2015
Case Number
08/9066
Procedural Posture
Divorce Action / Final Judgment
Outcome
Decree of divorce granted. Defendant's claim to set aside the ante-nuptial contract for undue influence dismissed. Defendant awarded rehabilitative maintenance for five years. Each party to pay own costs.
Judges
EF Dippenaar
Legal Topics
Ante Nuptial Contract, Undue Influence, Spousal Maintenance, Division of Estate, Rehabilitative Maintenance
Family and Children Ante Nuptial Contract Undue Influence Spousal Maintenance Division of Estate Rehabilitative Maintenance

Case Brief

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Parties

Arnoldus Lourens Espag

Plaintiff

Catherina Elizabeth Espag (born Van der Westuizen)

Defendant

Procedural Posture

Divorce Action / Final Judgment

Legal Issues

  1. 1 Whether the ante-nuptial contract excluding community of property and accrual was induced by undue influence and is a nullity.
  2. 2 Whether the marriage should be declared in community of property or subject to the accrual system.
  3. 3 Whether the defendant is entitled to spousal maintenance and the nature and extent thereof.

Ratio Decidendi

The court found that the defendant failed to discharge the onus of proving that the ante-nuptial contract was induced by undue influence. The evidence did not establish unconscionable conduct by the plaintiff or that the defendant was deprived of her free will. The defendant's lack of understanding of the accrual system and reliance on the plaintiff's assurances did not amount to undue influence sufficient to render the contract void. Consequently, the marriage could not be declared in community of property or subject to the accrual system. Regarding maintenance, the court held that the defendant was disadvantaged by the marriage and required rehabilitative maintenance to enable her to...

Court Disposition

Decree of divorce granted. Defendant's claim to set aside the ante-nuptial contract for undue influence dismissed. Defendant awarded rehabilitative maintenance for five years. Each party to pay own costs.

Orders

  • A decree of divorce is granted.
  • The plaintiff is directed to pay R15,000.00 per month into an account designated by the defendant for five years commencing 1 May 2015, with annual increases from 1 May 2016 in accordance with the Consumer Price Index.