L[....] H[....] v Z[....] H[....] (775/2020) [2021] ZASCA 130; 2022 (1) SA 384 (SCA) (30 September 2021)

L[....] H[....] v Z[....] H[....] (775/2020) [2021] ZASCA 130; 2022 (1) SA 384 (SCA) (30 September 2021)

The Supreme Court of Appeal held that section 18(a) of the Matrimonial Property Act only excludes from the joint estate non-patrimonial damages received during the marriage in community of property. Damages received prior to the marriage, even if non-patrimonial and personal in nature, become part of the joint estate upon marriage in community of property unless excluded by an antenuptial contract. The respondent's investment, derived from non-patrimonial damages received before marriage, therefore forms part of the joint estate and must be included in its division upon divorce. The respondent's reliance on Van Den Berg v Van Den Berg was misplaced, as that case dealt with damages...

Citation
[2021] ZASCA 130
Parties
Appellant: L[....] H[....]; Respondent: Z[....] H[....]
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 September 2021
Case Number
775/2020
Procedural Posture
Civil Appeal / Appeal From Eastern Cape Division of the High Court, Mthatha
Outcome
Appeal upheld; respondent's investment to be included in the joint estate for division; no order as to costs.
Judges
Mbha, Mocumie, Schippers, Gorven, Hughes
Legal Topics
Matrimonial Property Act, Division of Joint Estate, Non Patrimonial Damages, Statutory Interpretation
Family and Children Civil Procedure Matrimonial Property Act Division of Joint Estate Non Patrimonial Damages Statutory Interpretation

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Parties

L[....] H[....]

Appellant

Z[....] H[....]

Respondent

Procedural Posture

Civil Appeal / Appeal From Eastern Cape Division of the High Court, Mthatha

Legal Issues

  1. 1 Does section 18(a) of the Matrimonial Property Act 88 of 1984 exclude non-patrimonial delictual damages received prior to marriage in community of property from the joint estate?
  2. 2 Should the respondent's investment, derived from non-patrimonial damages received before marriage, be included in the joint estate upon divorce?

Ratio Decidendi

The Supreme Court of Appeal held that section 18(a) of the Matrimonial Property Act only excludes from the joint estate non-patrimonial damages received during the marriage in community of property. Damages received prior to the marriage, even if non-patrimonial and personal in nature, become part of the joint estate upon marriage in community of property unless excluded by an antenuptial contract. The respondent's investment, derived from non-patrimonial damages received before marriage, therefore forms part of the joint estate and must be included in its division upon divorce. The respondent's reliance on Van Den Berg v Van Den Berg was misplaced, as that case dealt with damages...

Court Disposition

Appeal upheld; respondent's investment to be included in the joint estate for division; no order as to costs.

Orders

  • The appeal is upheld with no order as to costs.
  • The order of the Eastern Cape Division of the High Court, Mthatha is set aside and replaced with: 'The appeal is upheld with no order as to costs. The investment of the respondent is to be included in the joint estate for the purposes of division of the estate.'